Henderson v. State

Citations

• 55 Fla. 36

Syllabus

<p>Criminal Law—Motion in Arrest of Judgment—Conditional Pardon—Breach of Conditions in—Jurisdiction to Adjudge Breach of Conditional Pardon—Verdict in Second Larceny.</p> <p>1. Motions in arrest of judgment can be predicated only upon matters of record in the cause, and reach only infirmities in ' such record.</p> <p>2. If on a trial of the defendant upon an information charging larceny as a second offense, a conditional pardon from the first offense, can avail the defendant as a defense to any extent, it constitutes a defense simply in mitigation of the penalty to be imposed on conviction yof the second offense, and to avail the defendant as such mitigation of the penalty it should be proven at the trial for such second offense; it is too late to bring it forward for the first time after verdict in amotion for new trial, especially so when the information upon which he is tried alleges such former conviction, and that the crime it charges is a second offense.</p> <p>3. Where a convict has accepted a conditional pardon and has been released from imprisonment by virtue thereof, but has violated or failed to perform the conditions or any of them, the pardon, in case of a condition precedent, does not take effect, and, in case of a condition subsequent, becomes void and the convict may thereupon be re-a'rrested and compelled to undergo the punishment imposed by his original sentence, or as much thereof as he had not suffered at the time of his release.</p> <p>4. Where one of the conditions of a pardon of a convict for the crime of larceny is that he should thereafter during the term of his natural life lead a law-abiding life, and such convict is subsequently tried and convicted of a second larceny, such subsequent conviction is the most conclusive evidence ofthe violation of such condition in such pardon, and that the same was thereby annulled and rendered void and of no further force or effect for any purpose. Under these circumstances such a conditional pardon coul