Roberts v. . the State
New York Court of Appeals
Appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in.the third judicial department, entered May 4, 1898, which reversed a judgment of the Court of Claims of the state of New York awarding to the appellant the sum of $7,500. This amount was for damages which he claims’ to have sustained by reason of his conviction and imprisonment for the crime of burglary, for which offense he was subsequently pardoned.
Read the full summary
Appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in.the third judicial department, entered May 4, 1898, which reversed a judgment of the Court of Claims of the state of New York awarding to the appellant the sum of $7,500. This amount was for damages which he claims’ to have sustained by reason of his conviction and imprisonment for the crime of burglary, for which offense he was subsequently pardoned. The amount of the claim as presented was $138,976.54. Upon the fifteenth day of April, 1895, which was more than eighteen years after his conviction,…
1Opinion of the CourtMartin, J.
It is manifest that the appellant’s pardon and restoration to the rights of citizenship had no retroactive effect upon the judgment of conviction which remains unreversed and has not been set aside. We think the effect of a pardon is to relieve the offender of all unenforced penalties annexed to the conviction, but what the party convicted has already endured or paid, the pardon does not restore. When it takes effect, it puts an end to any further infliction of punishment, but has no operation upon the portion of the sentence already executed. A pardon proceeds not upon the theory of…
2Cases cited1 opinion
- Board of Supervisors v. StateNew York Court of Appeals · 1897
3Cited by48 opinions
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- State v. PalmerNebraska Supreme Court · 1986
- Eagle, Star & British Dominions Insurance v. HellerSupreme Court of Virginia · 1927
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- State v. MooreNebraska Supreme Court · 1982
43 more not listed; retrieve them via the Exa API.