Attorney General Opinions and Advisory Letters

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Opinion No. 21-3075

August 4, 1921

BY: HARRY S. BOWMAN, Attorney General

TO: Hon. Merritt C. Mechem, Governor of New Mexico, Santa Fe, New Mexico.

Power of Governor to Reprieve for Indefinite Period.

OPINION

{*80} Referring to your inquiry concerning the legal right of the Governor to reprieve for an indefinite period a person confined in the State Penitentiary, convicted of first degree murder, I wish to advise:

The word "reprieve" is defined in most of the law dictionaries and in several cases as "a postponement of the execution of the sentence to a day certain." There is a distinction between reprieves and suspensions of sentences. Blackstone defines a reprieve to mean "a withdrawing of a sentence for an interval of time whereby the execution is suspended." (4 Com. 394).

The distinction between a reprieve and a suspension of sentence is that a reprieve postpones the execution of the sentence to a day certain, whereas a suspension is for an indefinite time.

Carnal vs. People,

1 Park. Cr. Repts, 262.

You will note, therefore, that legally a prisoner sentenced to death cannot be reprieved for an indefinite period.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.