In Re Petition of Jones

BROWN, J.

Tbe petitioner was convicted in tbe Superior Court of Jobnston County for murder in tbe second degree at September Term, 1911, and sentenced to twenty years in tbe State’s Prison.

Tbe petitioner was pardoned by tbe Governor, and tbe same presented to tbe Superior Court of Jobnston County at March Term, 1912, and tbe prisoner was released.

It is evident tbat .tbe Superior Court bad no jurisdiction to grant tbe prayer of tbe petitioner. Under chapter 64 of tbe Revisal of 1905, secs. 2675, 2676, etc., a prisoner convicted of an infamous crime and sentenced to imprisonment may file bis petition for restoration to citizenship at any time after tbe expiration of four years from tbe date of conviction.

Section 2680 provides dhat where tbe judgment of tbe court does not include imprisonment, and pardon has been granted by tbe Governor, or judgment suspended on payment of tbe costs, and the costs have been paid, such person may be restored to such forfeited rights of citizenship upon application, by petition to tbe judge presiding at any term of the Superior Court held for tbe county in which tbe conviction was bad, which petition must be filed after tbe expiration of one year after such conviction.

As imprisonment was a part of tbe judgment of tbe court in this case, this petition cannot be entertained at this time, as tbe prisoner was convicted and sentenced only a year ago.

It is unnecessary for us to consider tbe effect of a pardon. It is very elaborately argued in tbe brief of tbe counsel for tbe petitioner. It may be, as contended, tbat tbe pardon is such an act of grace as releases tbe offender from tbe consequences of bis offense to tbe same extent as if tbe offense bad never been committed. This question cannot be raised in petition for restoration to tbe rights of citizenship under tbe statute, for tbe Court has no jurisdiction to entertain it except at tbe times and for the purposes named in tbe statute.

If tbe petitioner is denied tbe right- of suffrage and registration, or other rights of citizenship which be exercised before the commission of the offense, he may then by proper legal proceedings have the full scope and effect of his pardon determined by the courts.

The petitioner will pay the cost of this appeal.

The judgment dismissing the petition is

Affirmed.