Legal Term Dictionary

n. One who has been condemned by a court One who has been adjudged guilty of a crime or misdemeanor. Usually spoken of condemned felons or the prisoners in penitentiaries. Molineux v. Collins, 177 N. Y. 395, 69 N. E. 727, 65 L. R. A. 104; Morrissey v. Publishing Co., More...

n. One who has been condemned by a court One who has been adjudged guilty of a crime or misdemeanor. Usually spoken of condemned felons or the prisoners in penitentiaries. Molineux v. Collins, 177 N. Y. 395, 69 N. E. 727, 65 L. R. A. 104; Morrissey v. Publishing Co., 19 R. I. 124, 32 Atl. 19; In re Aliano (C. C.) 43 Fed. 517; Jones v. State, 32 Tex. Cr. R. 135, 22 S. W. 401. Formerly a man was said to be convict when he had been found guilty of treason or felony, but before judgment had been passed on him, after which he was said to be attaint {q. v.) Co. Litt. 390b. Less...

This term has a definite signification in law, and means that a judgment of final condemnation has been pronounced against the accused. Gallagher v. State, 10 Tex. App. 469.

This term has a definite signification in law, and means that a judgment of final condemnation has been pronounced against the accused. Gallagher v. State, 10 Tex. App. 469. Less...

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 More...

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. Holthonse. 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 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 against 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 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 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. Com. v. Lockwood, 109 Mass. 323, 12 Am. Rep. 699. —Former conviction. A previous trial and conviction of the same offense as that now Charged; pleadable in bar of the prosecution. State 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 eonviotion. 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 S erson only as the statute has appointed to be is judge. A conviction reached on such a magistrate's trial is called a "summary conviction." Brown; Blair v. Com., 25 Grat. (Va.) 853. Less...

Such as is sufficient to establish the proposition in question, beyond hesitation, ambiguity, or reasonable doubt In an unprejudiced mind. Evans v. Rugee, 57 Wis. 623, 16 N. W. 49; French v. Day, 89 Me. 441, 36 Atl. 909 ; Ward v. Waterman, 85 Cal. 488, 24 Pac. 930 ; More...

Such as is sufficient to establish the proposition in question, beyond hesitation, ambiguity, or reasonable doubt In an unprejudiced mind. Evans v. Rugee, 57 Wis. 623, 16 N. W. 49; French v. Day, 89 Me. 441, 36 Atl. 909 ; Ward v. Waterman, 85 Cal. 488, 24 Pac. 930 ; Winston v. Burnell, 44 Kan. 367, 24 Pac. 477, 21 Am. St Rep. 289. Less...

A tenure by which a tenant was bound to provide meat and drink for his lord at least once in the year. Cowell.

A tenure by which a tenant was bound to provide meat and drink for his lord at least once in the year. Cowell. Less...

In ecclesiastical law. The general assembly of the clergy to consult upon ecclesiastical matters.

In ecclesiastical law. The general assembly of the clergy to consult upon ecclesiastical matters. Less...

A naval force, under the command of an officer appointed by government for the protection of merchant-ships and others, during the whole voyage, or such part of it as is known to require such protection. Marsh. Ins. b. 1, c. 9, f 5; Park, Ins. 388; Peake, Add. Cas. 143n; More...

A naval force, under the command of an officer appointed by government for the protection of merchant-ships and others, during the whole voyage, or such part of it as is known to require such protection. Marsh. Ins. b. 1, c. 9, f 5; Park, Ins. 388; Peake, Add. Cas. 143n; 2 H. Bl. 551. Less...

A joint obligor; one bound jointly with another or others in a bond or obligation.

A joint obligor; one bound jointly with another or others in a bond or obligation. Less...

In the law of homicide. Calmness or tranquillity; the undisturbed possession of one's faculties and reason; the absence of violent passion, fury, or uncontrollable excitement

In the law of homicide. Calmness or tranquillity; the undisturbed possession of one's faculties and reason; the absence of violent passion, fury, or uncontrollable excitement Less...

Time to recover "cool blood" after severe excitement or provocation; time for the mind to become so calm and sedate as that it is supposed to contemplate, comprehend, and coolly act with reference to the consequences likely to ensue. Eanes v. State, 10 Tex. App. 447; May v. People, 8 More...

Time to recover "cool blood" after severe excitement or provocation; time for the mind to become so calm and sedate as that it is supposed to contemplate, comprehend, and coolly act with reference to the consequences likely to ensue. Eanes v. State, 10 Tex. App. 447; May v. People, 8 Colo. 210, 6 Pac. 816; Keiser v. Smith, 71 Ala. 481, 46 Am. Rep. 342; Jones v. State, 33 Tex. Cr. It 492, 26 S. W. 1082, 47 Am. St. Rep. 46. Less...