Legal Opinion

Ex Parte Crump

Court of Criminal Appeals of Oklahoma

Decided October 4, 1913No. A-2058PublishedCited by 45 opinions

Application of George Crump, Jr., for writ of habeas corpus. On behalf of George Crump, Jr., a duly verified petition for a writ of habeas corpus was presented to the Presiding Judge of this court, representing that he was illegally restrained of his liberty and unlawfully imprisoned in the state penitentiary by R. W. Dick, warden.

Read the full summary

Application of George Crump, Jr., for writ of habeas corpus. On behalf of George Crump, Jr., a duly verified petition for a writ of habeas corpus was presented to the Presiding Judge of this court, representing that he was illegally restrained of his liberty and unlawfully imprisoned in the state penitentiary by R. W. Dick, warden. It is further averred in said petition that: “The cause of said restraint according to the best of the knowledge and belief of your petitioner is that the said George Crump, Jr., was by the superior court of Pottawatomie county, Okla., convicted of the crime of…

1Opinion of the Court

The power to pardon is an executive power expressly vested by the Constitution of the state in the Governor. He does not hold the power simply because he is the chief executive, but because the sole power to pardon is delegated to his office. Const. art. 6, sec. 10 (159, Williams'). "As human actions are necessarily imperfect, the pardoning power must be vested somewhere in order to prevent injustice when it is ascertained that an error has been committed." Bouv. Law Dic. see "Pardon." A full, unconditional pardon reaches both the punishment prescribed for the offense and the guilt of the…

2Cases cited26 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Ex Parte GarlandSupreme Court of the United States · 1867
  3. Stuart v. LairdSupreme Court of the United States · 1803
  4. Knote v. United StatesSupreme Court of the United States · 1877
  5. Brown v. United StatesSupreme Court of the United States · 1885

21 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. EACRET ET UX v. HolmesOregon Supreme Court · 1958
  2. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
  3. State Ex Rel. Cloud v. State Election BoardSupreme Court of Oklahoma · 1934
  4. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928
  5. Tucker v. StateCourt of Criminal Appeals of Oklahoma · 1917

40 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API