CONVICTION (Lat. convictio ; from con, with, vincere, 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.
Finding a person guilty by verdict of a jury. 1 Bishop, 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 con victed and sentenced. Holthouse, Diet.
The first of the definitions here given undoubt edly represents the accurate meaning of the term, and includes an ascertainment of the guilt of aft+ 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 ea( h of the other senses given. It is said to be sometimes used to denote final judgment. Dwarris, Stat. 2d ed. 683.
Summary conviction is one which takes place before an authorized magistrate withr out the intervention of a jury.
2. Conviction must precede judgment or sentence, 1 Caines, N. Y. 72; 34 Me. 594; 16 Ark. 601;, but is not necessarily or always followed by it. 1 Den. Cr. Cas. 568 ; 14 Pick. Mass. 88 ; 17 id. 296 ; 8 Wend. N. Y. 204 ; 3 Park. Crim. N. Y. 567 ; Dudl. Ga. 188 ; 4 Ill. 76. Generally, when several are charged in the same indictment, a part may be convicted and the others acquitted. 2 Den. Cr. Cas. 86 ; 4 Hawks, No. C. 356; 8 Blackf. Ind. 205 ; see 2 Va. Cas. 227 ; 3 Yerg. Tenn. 428; 3 Humplu.. Tenn. 289; but not where a joint offence is charged. 14 Ohio,
386 ; 6 Ired. No. C. 340. A person cannot be convicted of part of an offence charged in an indictment, except by statute. 7 Mass. 250 ; 2 Pick. Mass. 506 ; 19 id, 479 ; 7 Mo. 177 ; 1 Murph. No. C. 134 ; 13 Ark. 712. See 16 Ala. 495 ; 5 Ill. 197 ; 3 Hill, So. C. 92; 9 Ired. No. C. 454; 14 Ga. 55. A conviction prevents a second prosecution for the same offence. 1 McLean, C. C. 429; 7 Conn. 414; 14 Ohio, 295 ; 2 Yerg. Tenn. 24 ; 28 Penn. St. 13. See 2 Gratt. Va. 558. As to the rule where the indictment under which the indictment is procured is defective and liable to be set aside, see 1 Bishop, Crim. Law, 663, 664 ; 4 Coke, 44 a; APPEAL.
3. Conviction of certain crimes when ac companied by judgment disqualifies the per convicted as a witness. 18 Miss. 192. And see 11 Mete. Mass. 3.02.
Summary convictions, being obtained by proceedings in derogation of the commoa law, must be obtained strictly in pursuance of the provisions of the statute, 1 Burr, 613; and the record must show fully that all pro per steps have been taken, R. M, Charlt. Ga. 235 ; 1 Coxe, N. J. 392 ; 1 Ashm. Penn. 410; 2 Bay, So, C. 105 ; 19 Johns. N. Y. 39, 41; 14 Mass. 224 ; 10 Mete. Mass. 222 ; 3 Me. 51; 4 Zabr. N. J. 142; and especially that the court hadjurisdiction. 2 Tyl. Vt. 167 ; 4 Johns. N. Y. 292 ; 14 id. 371; 7 Barb. N. Y. 462; 3 Yeates, Penn. 475, Consult Arnold ; Paley on Convictions; Russell ; Bishop on Criminal Law; Green leaf; Phillipps on Evidence.