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In re the Executive Communication of the 23d of September, 1872

In the matter of the Executive Communication of the 23d of September, 1872

In re the Exec. Commc'n of the 23d of September, 1872, 14 Fla. 318 (1872)
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Court
Supreme Court of Florida · State Highest Courts
Decided
September 27, 1872
Citations
14 Fla. 318
Headnotes
A pardon readies both, the punishment prescribed for the offence and the guilt of the offender. If full, it remits the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Supreme Court Room, ■ Tallahassee, Fla., To His Excellency Harrison Reed, Governor of Florida:

Sir : In reply to your communication as to the effect of pardon under the Constitution and laws of -the State off Florida, I would respectfully state that “ a pardon reaches-both the punishment prescribed for the offence, and the guilt of the offender. When the pardon is full, it remits the punishment and hlots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights. It makes him as it were a new man, and gives him a new credit and capacity. There is only this limitation to its operation: it does not restore offices forfeited or property or interests vested in others in consequence of the conviction and judgment.” (Ex parte Garland, 4 Wallace, 380.)

This is the language of the Supreme Court of the United States when determining the effect of a full pardon by the President of the United States. There is nothing in the Constitution or laws of this State to vary its effect here.

For the Court.

Yery respectfully,

James D. Westcott, Jr., Ass. Justice Supreme Goivrt of Florida.

How later courts describe this case

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Cited by 10 cases

View all citing references →
1896: 11938: 11952: 11953: 11978: 11986: 11992: 12001: 12004: 218962026peak 2004 · 2

Relies on it most ⓘ

  1. RJL v. State887 So. 2d 1268 (Fla. 2004)
  2. R.J.L. v. State887 So. 2d 1268 (Fla. 2004)
  3. Randall v. Florida Dept. of Law Enforcement791 So. 2d 1238 (Fla. Dist. Ct. App. 2001)
  4. United States v. Pasquale Matassini565 F.2d 1297 (5th Cir. 1978)
  5. Marsh v. Garwood65 So. 2d 15 (Fla. 1953)
  6. Singleton v. State38 Fla. 297 (1896)

Most recent

  1. RJL v. State887 So. 2d 1268 (Fla. 2004)
  2. R.J.L. v. State887 So. 2d 1268 (Fla. 2004)
  3. Randall v. Florida Dept. of Law Enforcement791 So. 2d 1238 (Fla. Dist. Ct. App. 2001)
  4. Doe v. State595 So. 2d 212 (Fla. Dist. Ct. App. 1992)
  5. Ago(Fla. Att'y Gen. Apr. 11, 1986)
  6. United States v. Pasquale Matassini565 F.2d 1297 (5th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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