State ex rel. O'Connor v. Wolfer
Supreme Court of Minnesota
Original petition of Thomas O’Connor made February 18, 1893, for a writ of Habeas Corpus directed to Henry Wolfer, Warden of the State Prison at Stillwater, to have the body of the petitioner, together with the authority for his imprisonment before this court, to do and receive what shall be considered in the premises.
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Original petition of Thomas O’Connor made February 18, 1893, for a writ of Habeas Corpus directed to Henry Wolfer, Warden of the State Prison at Stillwater, to have the body of the petitioner, together with the authority for his imprisonment before this court, to do and receive what shall be considered in the premises. The petitioner was on December 2, 1880, convicted in the District Court of Le Sueur County of the crime of murder in the first degree, and sentenced to be imprisoned in the State Prison at Stillwater during the term of his natural life. A commitment was on the same day issued,…
1Opinion of the CourtMitchell, J.
As the respondent traversed none of relator’s allegations of fact, the petition for the writ must, for the purposes of this hearing, be taken as true. Therefore no statement of facts other than a reference to this petition is necessary.
*138That the pardon granted to relator was conditional, and that the condition was a valid one, cannot admit of doubt. The power to grant conditional pardons is conceded. The statute, 1878 Gr. S. ch. 119, which is but declaratory of the common law, expressly so provides.
A pardon being wholly a matter of mercy, the governor may impose any condition that he pleases,…
2Cases cited3 opinions
- Arthur v. CraigSupreme Court of Iowa · 1878
- Kennedy's CaseMassachusetts Supreme Judicial Court · 1883
- People v. MooreMichigan Supreme Court · 1886
3Cited by34 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- State v. SharpSupreme Court of Kansas · 2009
- Fleenor v. HammondCourt of Appeals for the Sixth Circuit · 1941
- State v. RobinsonSupreme Court of North Carolina · 1958
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
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