Rosson v. State

Citations

• 23 Tex. Ct. App. 287
• 4 S.W. 897
• 1887 Tex. Crim. App. LEXIS 66

Syllabus

<p>1. Executive Pardon.—The delivery and acceptance of a pardon are complete when the grantor has parted with his entire control or dominion over the instrument, with the intention that it shall pass to the grantee, and the latter assents to it either by himself or agent. In this case the pardoning power having executed and delivered the pardon to the agent of the grantee, who accepted it on his principal’s behalf, the instrument took immediate effect upon delivery.</p> <p>2. Same—Revocation.—A pardon onee\\delivered by [the grantor and accepted by the grantee or his agent can not be revoked by the authority which granted it.</p> <p>3. Same—Case Stated.—The appellant in this case was confined in the penitentiary under seven different convictions for horse theft, the penalties aggregating forty-five years. On August 25, 1886, the Governor issued his full pardon to cover each conviction, and delivered the same to the appellant’s attorney. On the thirtieth day of the same month the said pardon was delivered to a clerk in the office of the superintendent of the penitentiary at Huntsville. On the same day, but before the same had been delivered to the appellant, or recorded in the books of the superintendent’s office, the said superintendent received a telegram from the Governor, directing him to hold the said pardon for further orders. By subsequent telegram the Governor notified the superintendent that the said pardon had been revoked, and ordered its return, and it was returned to the Governor, who then indorsed upon it instructions to the Secretary of State, as follows: “Issue an order revoking this pardon as having been granted upon misinformation.” Thereafter proceedings by habeas corpus were instituted in the District Court of Travis county, and, to support his application for release under the pardon, the appellant produced in evidence the charter of pardon bearing the said indorsement. Held, 1: A pardon procured by fraud upon the pardoning power, whether by supp