Untitled Texas Attorney General Opinion ( 1965 )

Mr. A. C. Turner, Chairman Opinion No. C-471
Board of Pardons & Paroles
Austin, Texas 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 applicationof a rela-
Dear Mr. Turner: tlve or other interestedparty.
Your recent letter requests our opinion as to the
above matter. This question has been Foreclosedby Runnicutt
v. State, 18 Tex.Ct.App. 498 (1885), in which it was held that:
11
. . . '1st. A pardon, in order to
be complete,must, in contemplationOF
law, be delivered and accepted.' 2d.
'The principles applicable to the deli-
very of a pardon and an ordinary deed
must be consideredanalogous, 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; . . .I'
Language to the effect that a pardon must be accept-
ed Is also Found In Rx Parte Rice, 72 Tex. Crim. 587, 162 S.W.
Rx Parte Redwlne, 91 Tex. Crim. 83, 236 S.W. 96
Rx Parte Frazier, 91 Tex. Crim. 475, 239 S.W. 972
also Attorney General's Opinion No. O-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).
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Mr. A. C. Turner, Page 2 (C-471)
SUMMARY
The Board OF Pardons and Paroles has
no authority to recommend and the Governor
no power to grant a posthumous Full pardon
to a deceased convicted Felon on application
of a relative or other interestedparty.
Yours very truly,
WAGGONER CARR
Attorney General bf Texas
By:
Assistant'AttorneyGeneral
CBS/lbh
APPROVED:
OPINION COmITTEE
W. V. Geppert, Chairman
Pat Bailey
Gordon Cass
Brady Coleman
Sam Kelley
APPROVEB FOR THE ATTORNEY GENERAL
BY: Hawthorne Phillips
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