Matter of Application of Shepard

In July, 1914, petitioner and one A. C. Brown committed the crime of conspiracy to import into the United States from Mexico eighty cans of smoking opium, and to receive, conceal, buy, sell, and facilitate the transportation, concealment, and sale of such opium, in violation of the act of Congress of January 17, 1914. Shepard and Brown were indicted for the offense by the federal grand jury, were tried, and were convicted. By judgment and sentence entered April 28, 1915, they were each condemned, by the district court of the United States' in and for the southern district of California, to imprisonment for a year and a day in the state penitentiary at San Quentin. Shepard sued out a writ of error to the United States circuit court, ninth circuit, but his conviction was affirmed by that tribunal on October 4, 1916. He then sought a pardon at the hands of the national executive, but it was refused; although the President, after granting Shepard a respite expiring April 11, 1917, did commute the sentence to imprisonment in the jail of Los Angeles County for ninety days. Shepard entered upon the service of the sentence at the conclusion of the respite and was discharged July 9, 1917.…