Convict

2 1, V. To find guilty of a ci-iminal offense, by verdict of a jury. 2, n. One who has been found guilty of a crime; in particular, one who is serving a sentence for the commission of a crime. Convicted. Found guilty of the crime whereof one stands indicted: which may accrue from his confessing the offense and pleading guilty, or by his being found so by verdict of his country. ^ A man is "convicted " when he is found guilty or confesses the crime before judgment had.' Incapable of holding office or testifying because " convicted of crime " intends a verdict of guilt and judgment thereon. ^ Conviction. 1. Used to designate a particular stage of a criminal prosecution triable by a jury, the ordinary legal meaning is, the confession of the accused in court, or the vei-dict returned against him by the jury, which ascertains and publishes the fact of his guilt. <> "Judgment" or "sentence" is the appropriate word to denote the action of the court before which the trial is had, declaring the consequences to the convict of the fact thus ascertained." See Sentence. The finding by the jury that the accused is guilty; but, in legal parlance, often denotes the final judgment of the court. ^ The act of convicting or overcoming one; in ci'iminal procedure, the overthrow of the defendant by the establishment of his guilt according to some known legal mode — a plea of guilty or verdict of a jury. 8 The term may be used in such connection as to have a secondary or unusual meaning, which would include the final judgment of the court. = 1 Bouvier's Law Diet. ^ L. con-vincere. to completely overcome. ' [4 BI. Com. 363. < Shepherd v. People, S5 N. Y. 406 (1863), cases; 1 Bish. Cr. L. § 323. 'Faunoe v. People, 61 111. 313 (1869); Smith v. State, 6 Lea, 639 (1881). "Commonwealth v. Lockwood, 109 Mass. 325-40 (1873), cases. Gray, J.; Dwar. Stat., 8 ed., 683. ' Blauf us V. People, 69 N. Y. 109 (18""), cases, Folger, J.; Schiffer v. Pruden, 64 id. 53 (1876); 5 Bush, 304; 48 Me. 137; 3 Mo. 603; 35 Gratt. 853; 13 Ct. CI. 301. In many eases refers to a finding of guilt by a veiv diet or plea of guilty, and not to the sentence in Eiddition.i Opposed, acquit, acquitted, acquittal, q. v. Former conviction. A plea that the accused has already been tried and convicted of the offense charged. Opposed, former acquittal. Second' convictions, or even second trials, after legal conviction or acquittal, are not allowed. The pleas of autrefois convict and autrefois acquit are grounded upon the universal maxim of the common law that no man is to be brought into jeopardy of his life more than once for the same offense. The defense must be pleaded, and it must be alleged and proved by the former record that the conviction or acquittal was legal, and based on the verdict of a jury duly impaneled and sworn, else the plea will be subject to demurrer. 2 A plea which shows that the former sentence has been reversed for error is not a good bar." See further Jeopardy. Compare Adjudication, Former. Summary conviction. (1) Such sentence as may be pronounced by a court without the intervention of a jury. At common law, peculiar to punishment for contempts, g. V. (3) A trial of an offense against the excise or revenue laws, determined by the commissioner of the particular department or by a justice of the peace.* (3) A sentence pronounced by a committing magistrate, without a hearing and verdict by a jury. Tliis is what is generally meant. It is provided for by statute, for the punishment of the lighter offenses; and intended to secure the accused a speedy trial, as well as to relieve society and the higher courts of the annoyance of jury trials in petty cases. But the pro^ ceeding is in derogation of the constitutional right of trial by jury, and statutory directions are to be strictly pursued. Appeal to -a court having a jury is allowed, within a short period, as five days; so that, in reality, these convictions are only submitted to by offenders. See further Summary. See also Indictment; Juky, Trial by; Vagkant. 2. Firm belief. See Abiding; Doubt, Reasonable. 1 Quintard v. Knoedler, 63 Conn. 487-88 (1885); Bishop, Stat. Cr § 348; Whart. Cr. Pr. & PI. § 935. Qucere. In a prosecution, alleging a " former conviction," do not these words denote "final judgment," and can they be predicated of a suspended judgment?

— White o. Commonwealth, 79 Va. 611, 615 (1884). 2 Coleman v. Tennessee, 97 U. S. 636-31 (1878), cases, Clifford, J. 'Cooley, Const. Lim. 336-28, cases; 1 Bish. Cr. L. §§ 651-80; Whart. Cr. PI. § 435; Moore v. State, 71 Ala.