Spencer v. Kees

Citations

• 47 Wash. 276
• 91 P. 963
• 1907 Wash. LEXIS 753

Syllabus

<p>Pardons—Conditions — Authority of Governor — Revocation— Statutes—Construction. Under Bal. Code, § 6997, authorizing conditional pardons to be granted by the governor, on such limitations as he may think proper, the provision that he may “issue his warrant to carry into effect such pardon,” is not limited to the issuance of the warrant granting the pardon, hut reposes power in the governor to issue a warrant revoking a pardon which expressly provides that violation of its conditions shall cause its revocation, in the absence of any other statutory provision for determining when the conditions are violated.</p> <p>Same—Habeas Corpus—Mode of Trial. If a prisoner, rearrested after release on a conditional. pardon, is entitled to trial in habeas corpus proceedings to determine whether he has violated the conditions of the pardon, he cannot complain if he is awarded a trial before the court and the burden of proof is placed on the state.</p> <p>Same—Breach of Conditions—Evidence—Sufficiency. A prisoner who is pardoned upon condition that he should be placed under the care and surveillance of Dr. B., and that he should remain with and be supported by his relatives as long as he lives, is shown to have violated the conditions of the pardon where he remained with his relatives only a few days, was permitted to support himself, was married, visited houses of prostitution and frequently became intoxicated (Rudkin, Dunbar, and Fullerton, JJ., dissenting).</p>