Lee v. Murphy
Supreme Court of Virginia
In April 1872, Lawrence Murphy was tried and convicted of a felony in the Hustings court of the city of Eichmond, and was sentenced to be imprisoned in the penitentiary for three years.
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In April 1872, Lawrence Murphy was tried and convicted of a felony in the Hustings court of the city of Eichmond, and was sentenced to be imprisoned in the penitentiary for three years. He thereupon applied to the Governor for relief; and Governor Walker issued the following warrant: Virginia&emdash;to wit : It appearing to the executive that Lawrence Murphy, now confined in the city jail of Eichmond, awaiting removal to the penitentiary under sentence of the Hustings court of said city, for unlawful shooting, is a fit subject for cummutation of sentence : Therefore, I, Gilbert C. Walker,…
1Opinion of the CourtStaples, J.
The record in this case presents for our consideration two important and interesting questions. First, has the Governor of the State the constitutional power to grant conditional pardons ; and second, is the paper which emanated from the Executive Department on the 18th of May 1872, and is filed as an exhibit in this cause, to be considered a conditional pardon, or a mere commutation of punishment. It is laid down in Blackstone Com., vol. 4, p. 401, that a pardon may be conditional—that is, the King may extend his mercy upon what terms he pleases, and may annex to his bounty a condition…
2Cited by31 opinions
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
- In re ProutIdaho Supreme Court · 1906
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- State Ex Rel. Gordon v. ZangerleOhio Supreme Court · 1940
- Bowen v. StateTennessee Supreme Court · 1972
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