conviction

Conviction is a technical term applicable to a judgment on a criminal prosecution, not to a proceeding on this bond. The act contemplates, a prosecution on which the party may be adjudged to suffer the penalties of perjury, in addition to which he is to be deprived of all benefit from the oath or affirmation.

In practice.

In a general sense, the result of a criminal trial which ends in a Judgment or sentence that the prisoner is guilty as charged. Finding a person guilty by verdict of a Jury. 1 Bish. Crim. Law, § 223. 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. In ordinary phrase, the meaning of the word "conviction" is the finding by the jury of a verdict that the aceused is guilty. But, in legal parlance, it often denotes the final Judgment of the ceurt. Blaufus v. People, 69 N. Y. 109, 25 Am. Rep. 148. The ordinary legal meaning of "conviction." when used to designate a particular stage of a criminal prosecution triable by a jury, is the confession of the accused in open court, or the verdict returned agninst him by the jury, which ascertains and publishes the fact of his guilt; while "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. A pardon granted after verdict of guilty, but before sentence, and pending a hearing upon exceptions taken by the aceused during the trial, is granted after conviction; within the meaning of a constitutional restriction upon granting pardon bsfore conviction. When, indeed, the word "conviction" is used to describe the effect of the guilt of the accused as judicially proved in one case, when pleaded or given in evidence in another, it is sometimes used in a more comprehensive sense, including the judgment of the court upon the verdict or confession of guilt; as, for instance, in speaking of the plea of autrefois convict, or of the effect of guilt, judicially ascertained, as a disqualification of the convict. Co.m. v. Lockwood, 109 Mass. 323, 12 Am. Rep. 699.

— Former conviction. A previous trini and conviction of the same offense as that now charged; pleadable in bar of the prosecution. Slate v. Ellsworth, 131 N. C. 773, 42 S. E. 699. 92 Am. St. Rep. 790; Williams v. State, 13 Tex. App. 285, 46 Am. Rep. 237.

— Summary conviction. The conviction of a person, (usually for a minor misdemeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by statute in England and in many of the states. In these proceedings there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such Eerson only as the statute has appointed to be ls judge. A conviction reached on such a magistrate's trial is called a "summary conviction." Brown; Blair v. Com., 25 Grat. (Vat) 853.

The finding of a person guilty of an offense vpith which he has been charged, either by decision of any competent tribunal, or on his own confession; a record of thd proceedings by which an offender has been convicted and sentenced; a finding against a defendant in a civil case.

In practice. Ina general sense, the result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. Finding a person guilty by verdict of a jury. 1 Bish. Crim, Law, § 223. A record of the summary procecdings upon any penal statute before one or more justices of the peace or other persons duly authorized, ina case Where the offender has been con- - vicled andsentenced. Holthouse. Summary conviction is one which takes place betore an authorized magistrate without the intervention of a jury. In ordinary phrase, the meaning of the word “conviction” is the finding by the jury of a verdict that the accused is guilty. But, in legal parlance, it often denotes the final judgment of the court. 69.N. Y. 109. The ordinary legal meaning of “conyietion,” when used to designate a particular stage of acriminal prosecution triable hy a jury, is the confession of the accused in open court, or the verdictreturned against bim by the jury, which ascertains and pub- ‘ishea the fact of his guilt, while “judgment” or “sentence” is the appropriate word to denote tha action of the court before which the trial is had, deflaring the consequences to the convict of the fact upon exceptions taken by the accused during the trial, is granted after conviction, within the meaning of a constitutional restriction upon granting pardon before conviction. When, indeed, the word “conviction” is used to describe the effact of the guilt of the accused as judicially provad in one case, when pleaded or given in evidence iu another, itis sometimes used in a more compre hensive sense, including thea jndement of tha court upon the yerdiet er conlession of guilt; aa, for instance, in speaking of the plea of autrefols eonviel, or of the effect of guilt, judicially aseer tained, as a disqualification of the conviot. 109 Mass, 323. See 17 Pick. 380.

[L. Lat. cowvtc^io.] In practice. The finding of a person guilty of an offence with which he has been charged, either by the verdict of a jury, [the decision of any other competent tribunal,] or on his own confession. 4 Bl. C(m. 362. A finding against a defendant in a civil action. See To Convict. A record of the proceedings by which an offender has been convicted and sentenced. Holthouse. It is not sufficient that such a record contains the finding of the jury, unless it includes also the judgment of the court. 7 Man. <& Or. 498, arg. 16 East, 670. See U. S. Digest^ Supplement and Ann. Digest, Conviction.

practice. A condemnation. In its most exten. sive sense this word signifies the giving judoment against a defendant, whether criminal or civil.

In a more limited sense, it means the judgment given against a criminal. And in its most restricted sense it is a record of the summary proceedings upon any penal statute before one or more justices of the peace, or other persons duly authorised, in a case where the offender has been convicted and sentenced: this last is usually termed a summary conviction. As summary convictions have been introduced in derogation of the common law, and operate to the exclusion of trial by jury, the courts have required that the strict should have been guided by rules, similar to those adopted by the common law, in criminal prosecution, and founded in natural justice; unless when the statute dispenses with the form of stating them. The general rules in relation to convictions are, first, it must be under the hand and seal of the magistrate before whom it is taken; secondly, it must be in the present tense, but this, perhaps, ought to extend only to the judgment; thirdly, it must be certain; fourthly, although it is well to lay the offence to be contra pacem, this is not indispensable; fifthly, a conviction cannot be good in part and bad in part. A conviction usually consists of six parts; first, the information; which should contain, 1, the day when it was taken; 2, the place where it was taken; 3, the name of the informer; 4, the name and style of the justice or justices to whom it was given; 5, the name of the offender; 6, the time of committing the offence; 7, the place where the offence was committed; 8, an exact description of the offence. Secondly, the summons. Thirdly, the appearance or non-appearance of the defendant. Fourthly, his defence or confessions. Fifthly, the evidence. Sixthly, the Judgment or adjudication, which should state, 1, that the defendant is convicted; 2, the forfeiture or penalty. Vide Bosc. on Conviction; Espinasse on Penal Actions; 4 Dall. 266; 3 Yeates, 475; 1 Yeates, 471. As to the effect of a conviction as evidence in a civil- case, see 1 Phil. Ev. 259.