Singleton v. State

Citations

• 38 Fla. 297

Syllabus

<p>1. The twelfth section of Article IV of the Constitution of 1885 conferred power upon the Governor, Justices of the Supreme Court and Attorney-General, or a major part of them, of whom the Governor shall be one, to permanently remit fines and forfeitures, to commute punishment and grant pardons after conviction, in all cases except treason and impeachment,) subject to such regulations as may be prescribed by law relative to the manner of applying for pardons, and the pardoning power thus conferred is exclusive, and can not be exercised by the Legislature.</p> <p>.2. By the amendment of section 12, Article 4, adopted this year, the Secretary of State, Comptroller and Commissioner of Agriculture take the places of the Justices of the Supreme Court, as members of the board of pardons.</p> <p>3. A full pardon of an offense not only blots out the crime committed, but removes all punishment and disabilities resulting from the conviction. When extended to a convict in prison, it relieves him and removes his disabilities, and when granted after his time of imprisonment has expired, it removes all that is left of the consequences of conviction — his disabilities.</p> <p>4. By statute the conviction of the crime of larceny m the courts of thie State disqualifies the convict as a witness, and his pardon for this offense has the effect to restore his competency to testify as a witness.</p> <p>5. An act of the Legislature provided that a party who had been convicted of the crime of larceny should be restored to civil rights: Held, Without deciding whether a restoration to civil rights would include the restoration of competency as a witness, lost by reason of the conviction of the crime, that before the party could testify it must have such effect, and so construed, it was not competent for the Legislature to so enact.</p> <p>45. An accused is entitled to be tried by an impartial jury, and when it is made to appear to the trial judge that a fair and impartial trial can not be