Legal Opinion

Ex parte Fleming

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 3 opinions

Appeal from decision of Hon. A. B. Fly, Chancellor of the Second Judicial District on habeas corpus: The ease is stated in the opinion of the court. Sect. 10 of the Constitution confers upon the Governor the power to grant reprieves and pardons, and remit fines, etc., in all criminal and penal cases, except treason and impeachment.

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Appeal from decision of Hon. A. B. Fly, Chancellor of the Second Judicial District on habeas corpus: The ease is stated in the opinion of the court. Sect. 10 of the Constitution confers upon the Governor the power to grant reprieves and pardons, and remit fines, etc., in all criminal and penal cases, except treason and impeachment. In cases of treason he may grant reprieves only by and with the consent of the Senate, and to that end may respite the sentence until the next session of the Legislature. It is clear that the Governor may pardon, but we fail to find any authority given him to grant…

1Opinion of the Court

Chalmers, J.s

delivered the opinion of the court.

Henry Fleming was convicted in the Circuit Court of Calhoun County of the crime of murder, and the judgment having been affirmed in this court he was sentenced to be hanged on the 24th of March, 1883. The Governor of the State granted a respite of the sentence until the 25th of April, 1883, with a view of investigating an application for pardon, which had been presented in his behalf. He declined to grant a pardon, and a few days before the expiration of the respite this writ of habeas corpus was sued out by the convict claiming to be released…

2Cited by3 opinions

  1. Jamison v. FlannerSupreme Court of Kansas · 1924
  2. Clifford v. HellerSupreme Court of New Jersey · 1899
  3. Whitten v. StateMississippi Supreme Court · 1884

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