The opinion
TEIGEN, Judge
(dissenting).
I concur in the holding that the verdict and judgment be affirmed. However, I cannot agree with the majority’s recommendation to the Pardon Board and I dissent from that portion of the majority opinion. The addition of the paragraph recommending that the Pardon Board give early consideration to an application for a commutation of the life sentence to a term of years so that parole may be considered at an earlier date is, in my opinion, a tacit confession by the majority that the evidence does not establish guilt of murder in the first degree beyond a reasonable doubt, although they have held otherwise earlier in the opinion. If this is so, the majority should have reversed the verdict and judgment and granted a new trial.
I am of the opinion that this Court should not attempt to influence the decision of the Pardon Board on matters entirely within its jurisdiction. It is not for this Court to assume a paternal position to the Pardon Board. The Pardon Board of North Dakota is a constitutional body and a part of the executive branch of government. It is perfectly able, I think, to make its own decisions without aid of this Court. The decision of the Pardon Board, for good reasons or bad, or for any reason at all, is final and irrevocable and the courts have no concern with the reason which actuates it. This power is beyond the control, or even the legitimate criticism, of the judiciary. The decision of the Pardon Board is not reviewable by the court and any attempt to interfere is a manifest usurpation of authority. 59 Am.Jur.2d Pardon and Parole § 43.
It is also my conclusion that the majority have exceeded the jurisdiction of this Court by giving an advisory opinion which is contrary to our constitutional powers.