PRICE DANIEL. 

ATTORNEY GENERA,. 

Aunrrlv 11. TExas 

May 4, 1948 

The Board of Pardons and Paroles, 

Austin, Texas 

Attention: Bon. Abner L. Lewis, Chairman 

Opinion No. P-561 

Gentlemen8 

Re: Authority of the Board of 

Pardons and Paroles to 

recommend a reprieve for 

release of a prison inmate 

to the Veterans Administration for medical att+ntlon 

under the facts submrtted. 

Your request for an opinion by this office upon 

the above titled subject matter is as folfowsr 

“The above named subject was received in 

the penitentiary of Texas on October 1.6, 1944 

under a sentence of ten years for the offense 

of burglary and attempting to pass a forged 

instrument. His convfctfons cane from HsuStQ&ls 

Madison, Walker, and Tom Green Counties, mo& 

of which were concurrent sentences making a 

total of ten years, 

“He was evidently lead by ex-conKicta into committing these offenses, 

“The subject is now e1igXbJ.e to cl@K@R$y 

on time served, 

“Application is made to the Board of Pardons and Paroles by the Veterans Affairs COIUlIiSsion through Mr, Charles L. Morris, Assistant 

Director) for some type of clemency WhiCh WiLL 

permit releasing the subj,ect from the petitentiary of Texas and transferring him to the vS%- 

erans Administration at Waco, Texas for SUrgical attention which has been occasioned by a 
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The Board of Pardons and Paroles - Page 2 (v-561) 

compound fracture of the skull while in the lJ- * 

nited States Navy during World ‘Mar II. He is 

now suffering from a condition described by 

Dr. C. A. Shaw, prison psychiatrist as: 

A. Symptons4onfused, depressed, disoriented as to time, pl#ce pnd person. ‘Out of 

contact with reality. Delusiens of persecution. 

Noisey and destrwtlve and has grand ma1 seisurea (from one to three daily), 

B. Physical Findings--Skull fracture, right 

occipital area. 

C* Diagnosis--Epilepsy, 

psychosis. 

post-traumatic, with 

D. Recemmendation--That 

cal attention immediately. 

examines have surgiWe enclose herein a copy of the recommendation of 

Dr. M. D. Hanson medical director, and Dr. Show, 

prison. psychlot&, which indicates that this 

subject will require institutional care for an indefinite period, perhaps for the remainder of his 

life. 

%fr. erris of the Veterans Affairs Commls- .. 

sion has.made satisfactory arrangements with the 

Veterans Administration at Waco to accept thf3 

subject, If and when the Governor Issues his proclamation granting some character of clemency providing that the subject will not have to report to 

any authority of the State of Texas. 

“The Veterans Administration’ will not accept 

responsibility as to the,confinement of the veteran, but has agreed to notify the Board If he 

should escape or at time of discharge from the Vet- 

$; erans Administration Hospital. Thfs situation is __I, likewise a comdltlen thqt exists with reference to 

10 or 15 persons ta the Fenitentlary, both veterans 

and nom-veterans. 

“1. The Board of Pardons and Paroles requests 

an opinion from the Attorney General of Texas as to 
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The Board of Pardons and Paroles - Page 3 (v-561) 

whether or not we would have a right to take jurisdiction of the subject's case and recommend a 

reprieve of six months and release the subject 

from reporting in order that this surgery might 

be accomplished in the Veterans Administration 

Hospital at Waco, the relatives to provide for 

his safe delivery to said institution. 

"2, In view of the fact that the Assistant 

Director indicates that it may mean possibly the 

difference in the life and death of this veteran 

inmate and further in view of the fact that Dr. 

Hanson and Dr, Shaw indicate that at the present 

time he is definitely psychotic or insane, we request an opinion inthe nature of an emergency 

opinion in order that we may act quickly and thus 

perhaps save the subject's life." 

The urgency of the situation presented by the 

letter of your Chairman prompts us to set forth the letter in full and to state our conclusions succinctly without taking the time to elaborate or cite authorities for 

the principles of law involved. 

Section 11 of Article IV of the Constitution 

as adopted November 39 1936, authorizes the Governor in 

any criminal c&se except treason and impeachment, "after 

conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority 

thereof, to grant reprieves and commutations of punishment. O o .e 

There are no limitations or qualifications contained in the Constitution upon this power to grant reprieves and commutations of punishment, nor is there any 

statutory limitations or qualifications so far as our 

search has disclosed other than the constitutional one 

that such clemency must be made only upon the advice of 

the Board of Pardons and Paroles in the manner above quoted. 

It is the opinion of this office, therefore, 

that your Board does have jurisdiction to recommend to'the 

Governor the granting of clemency - a reprieve or'commutation, or reprieve and commutation of punishment for such 

reasonable time and for such purpose on such condition as 

the Board or a majority thereof shall advise and recommend 

in the light of all the information possessed by the Board. 
The Board of Pardons and Paroles - Page 4 '(v-561) 

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The Board of Pardons and Parolks has jurisdiction to recommend to the Governopa reprieve or commutation of punishment of an inmate of the State Prison at Huntsville for 

such length of time, and for such purpose, hnd 

upon such conditions as the Board,or a majority of its members may recommend to the Governor. 

Yours very truly, 

% 

0S:wb 

ATTORNEY GENERAL OF TEXAS 

By &flj%. 

Ocie Spee . ' 

Assistant 

ATTORNEY GENERAL