About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1965 Book 2 Texas Attorney General Reports and Opinions 1 (1965)

handle is hein.sag/sagtx0107 and id is 1 raw text is: HEm _A~TovzR1 V ENERAiL WAG(1ONER C~ARRL Mr. A. C. Turner, Cha Board of Pardons & Pa Austin, Texas Dear Mr. Turner: Your recent above matter. This v. State, 18 Tex.Ct. DI' !V'xAS July 28, 1965 irman Opinion No. C- 471 roles Re: Whether the Board of Pardons and Paroles has the authority to recommend and the Governor the power to grant a posthumous full pardon to a deceased convicted felon on application of a rela- tive or other interested party. .letter requests our opinion as to the question has been foreclosed by Hunnicutt App. 498 (1885), in which it was held that: . ..'1st. A pardon, in order to be complete, must, in contemplation of law, be delivered and accepted.' 2d. 'The principles applicable to the deli- very of a pardon and an ordinary deed must be considered analogous, and in either case its delivery is complete when the grantor has parted with his entire control or dominion over the in- strument, with the intention that it shall pass to the grantee or obligee, and the latter assents to it either by himself or agent; . . .' Language to the effect that a pardon must be accept- ed is also found in Ex Parte Rice, 72 Tex.Crim. 587, 162 S.W. 891 (1914); Ex Parte Redwine, 91 Tex.Crim. 83, 236 S.W. 96 (1922 ; and Ex Parte Frazier, 91 Tex.Crim. 475, 239 S.W. 972 1922 . See also Attorney General's Opinion No. 0-2413 (1940). Thus, the pardon not being delivered to the convict during his lifetime, it could not be accepted by him. Even had he appointed an agent to accept the pardon during his life- time, his death would have the effect of terminating such re- lationship. Primm v. Stewart, 7 Tex. 178 (1851). -2235-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most