City of Paris v. Hinton
Court of Appeals of Kentucky
Appeal from Bourbon Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendants. Plaintiff appeals POINTS AND AUTHORITIES. 1. Power of the Governor to pardon limited to offenses against the laws of the State. (Ky. Const, sec. 77; American & Eng. Ency. of Law, 2d. Ed., vol. 24, p. 574; V. S. v. Wilson, 7 Pet. 159; Ex Parte Wells, 18 How. .307; People v. Bowen, 13 Amer. Rep. 148; Lee v. Murphy, 12 2Amer. Rep. 563; Edwards v. Comth., 49 Amer. Rep. 380; Amer. & Eng.
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Appeal from Bourbon Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendants. Plaintiff appeals POINTS AND AUTHORITIES. 1. Power of the Governor to pardon limited to offenses against the laws of the State. (Ky. Const, sec. 77; American & Eng. Ency. of Law, 2d. Ed., vol. 24, p. 574; V. S. v. Wilson, 7 Pet. 159; Ex Parte Wells, 18 How. .307; People v. Bowen, 13 Amer. Rep. 148; Lee v. Murphy, 12 2Amer. Rep. 563; Edwards v. Comth., 49 Amer. Rep. 380; Amer. & Eng. Ency. of Law, vol. 20, p. 1131; Abbott on Municipal Corporations, sec. 7; Dillion on Municipal Corporations, 4th Ed., sec.…
1Opinion of the Court
Opinion of the Court by
Judge Barker
Reversing.
The question arising on this record is whether or not the Governor of the commonwealth of Kentucky may legally pardon one who has been convicted in the police court of a city for an infraction of a municipal ordinance, or remit the fine imposed. The power to pardon offenses and remit fines is given to the Governor by section 77 of the Constitution, which is as follows: “He shall have power to remit fines and forfeitures, commute sentences', grant reprieves and pardons, except in case of impeachment, and be shall file with each application’therefor…
2Cases cited2 opinions
- State ex rel. Kansas City v. RenickSupreme Court of Missouri · 1900
- Shoop v. CommonwealthSupreme Court of Pennsylvania · 1846
3Cited by4 opinions
- Arnett v. StumboCourt of Appeals of Kentucky (pre-1976) · 1941
- Allen v. McGuireMississippi Supreme Court · 1911
- Moore v. City of NewportCourt of Appeals of Kentucky · 1923
- City of Clovis v. HamiltonNew Mexico Supreme Court · 1936