Legal Opinion

Arthur v. Craig

Supreme Court of Iowa

Decided April 19, 1878PublishedCited by 44 opinions

Appeal from Lee District Court, On the 2d day of December, 1872, Richard D. Arthur was, by the judgment of the District Court of Fayette county, sentenced to the penitentiary of this State for the term of ten years, for the crime of larceny from a building in the night time.

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Appeal from Lee District Court, On the 2d day of December, 1872, Richard D. Arthur was, by the judgment of the District Court of Fayette county, sentenced to the penitentiary of this State for the term of ten years, for the crime of larceny from a building in the night time. On the 4th day of January,111876, his Excellency, Samuel '>J. Kirkwood, then Governor of this State, granted to said ■Arthur a conditional pardon, the conditions being in these words: “This pardon is granted upon the following conditions, and ■acceptance and release under this instrument shall be an acceptance of each and…

1Opinion of the Court

Bothrock, Ch. J.

1. pamjon: muy bé°nal gi.mted. I. The first question presented is : has the Governor of this State power to grant a conditional pardon? The Constitution, §16, art. 4, provides: “The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for ap o:gerLSes exoept treason and cases of impeachment, subject to such regulations as may be provided bylaw.” The only restrictions upon the pardoning power imposed by law relate to pardons for murder in the first degree. Code, § 4712. As to all other crimes the power to pardon is given by the…

2Cases cited2 opinions

  1. United States v. WilsonSupreme Court of the United States · 1833
  2. State v. DunningIndiana Supreme Court · 1857

3Cited by44 opinions

  1. State of Iowa v. Jeffrey K. RaglandSupreme Court of Iowa · 2013
  2. Anderson v. AlexanderOregon Supreme Court · 1951
  3. Fuller v. StateSupreme Court of Alabama · 1898
  4. Fleenor v. HammondCourt of Appeals for the Sixth Circuit · 1941
  5. Woodward v. MurdockIndiana Supreme Court · 1890

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