Convicted

Attaint.

Thayer, Evidence. CONVICTION (Lat. convictio; from con, with, vinoire, to bind). In Practice. That legal proceeding of record which ascertains the guilt of the party and upon which the sentence or judgment is founded.

Nason v. Staples, 48 Me. 123; Com. v. Lockwood, 109 Mass. 323, 12 Am. Rep. 699; Com. v. Gorham, 99 Mass. 420.

Finding a person guilty by verdict of a jury.

1 Bish. Cr. L. § 223; see 45 Alb. L. J. 1.

A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, in a case where the offender has been convicted and sentenced. Holthouse, Diet. In its popular sense a verdict of guilty is said to be a conviction; Smith v. Com., 14 S. & R. (Pa.) 69. In its strict legal sense it means judgment on a plea or verdict of guilty; Com. v. Mc Dermott, 224 Pa. 363, 73 Atl. 427, 24 L. R. A. (N. S.) 431. The first of the definitions here given undoubtedly represents the accurate meaning of the term, and includes an ascertainment of the guilt of the party by an authorized magistrate in a summary way, or by confession of the party himself, as well as by verdict of a jury. The word is also used in each of the other senses given. It is said to be sometimes used to denote final judgment.

Dwar. 2d ed. 683.

Summary conviction is one which takes place before an authorized magistrate without the intervention of a jury. Conviction must precede judgment or sentence; In re Mc Neill, 1 Cai. (N. Y.) 72; State v. Cross, 34 Me. 594; see Faunce v. People, 51 111. 311; but it is not necessarily or always followed by it; 1 Den. C. C. 568; Ex parte Dick, 14 Pick (Mass.) 88; Kane v. People, 8 Wend. (N. Y.) 204; Smith v. Eames, 3 Scam. (111.) 76, 36 Am. Dec. 515. Generally, when several are charged in the same indictment, some may be convicted and the others acquitted; 2 Den. C. C. 86; State v. Allen, 11 N. C. 356; Bloomhuff v. State, 8 Blackf. (Ind.) 205; but not where a joint offence is charged; Stephens v. State, 14 Ohio, 386; State v. Mainor, 28 N. C. 340. A person cannot be convicted of part of an offence charged in an indictment, except by statute; Com. v. Newell, 7 Mass. 250; State v. Shoemaker, 7 Mo. 177; State v. Bridges, 5 N. C. 134; Cameron v. State, 13 Ark. 7124 U. S. v. Keen, 1 Mc Lean 429, Fed. Cas. No. 15,510; State v. Benham, 7 Conn. 414; Mount r.

State, 14 Ohio 295, 45 Am. Dec. 542; State v. Norvell, 2 Yerg. (Tenn.) 24, 24 Am. Dec. 458; Solliday v. Com., 28 Pa. 13.

But the recovery in a civil suit, of a fine, part of a penalty under a statute, does not prevent the prosecution of the defendant for the purpose of enforcing the full penalty by imprisonment; In re Leszynsky, 1(5 Blatchf. 9, Fed Cas. No. 8,279. A conviction of a less offence may be had where the Indictment charges a greater offence, which necessarily includes the less; State v. Outerbridge, 82 N. C. 621; Green v. State, 8 Tex. App. 71; De Lacy v. State, 8 Baxt. (Tenn.) 401; State v. O'Kane, 2:; Kan. 214; State v. Scheie, 52 la. 808, 3 N. W. 632. As to the rule where the indictment under which the conviction la procured is defective and liable to be set aside, see 1 Bish. Cr. L. §§ 663, 664; 4 Co. 44 a. At common law conviction of certain crimes when accompanied by judgment disqualifies the person convicted as a witness; Keithler v. State. 10 Smedes & M. (Miss.) 192. And see Dtley v. Merrick, 11 Mete. (Mass. i 302. But where a statute making defendants witnesses is without exception, a conviction rendering such defendant infamous will not disqualify him; Delamater v. People, 5 I. ins.