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-

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