Barker v. Almy
| Decision Date | 19 January 1898 |
| Citation | 20 R.I. 367,39 A. 185 |
| Parties | BARKER v. ALMY. |
| Court | Rhode Island Supreme Court |
Exceptions from district court, Providence county.
Action by Arthur C. Barker against Charles E. Almy. A motion in arrest of judgment for plaintiff was sustained, and plaintiff brings exceptions. Reversed.
John H. Flanagan, for plaintiff.
Brennan & Holland, for defendant.
This is an action on the case, brought under Gen. Laws R. I. c. 233, § 16, which provides that "whenever any person shall be convicted of larceny he shall be liable to the owner of the money or articles taken for twice the value thereof, unless the same be restored, and for the value thereof in case of restoration." The declaration sets forth, with technical averments of time and place, that the defendant, being in the employment of the plaintiff as a clerk, and by virtue of his employment as clerk, and in his capacity as clerk, having in his possession $87.31 lawful money of the United States, to the plaintiff belonging, with force and arms, and against the peace, did unlawfully take, retain, convert to his own use, and embezzle said money, and other wrongs to the plaintiff did, against the peace, etc. It also sets forth that the defendant was indicted by the grand jury, and pleaded nolo contendere, and was sentenced to pay a fine of $20 and costs; that by reason of the nonrestora-tion of the money to the plaintiff, and by reason of the conviction of the defendant, the plaintiff is entitled to recover double the amount of the money embezzled. Gen. Laws R. I. c. 279, § 16, provides that "every officer, agent, clerk or servant or person to whom any money or other property shall be entrusted for any specific purpose, who shall embezzle or fraudulently convert to his own use or shall take or secrete, with Intent to embezzle and fraudulently convert to his own use, any money or other property which shall have come into his possession or shall be under his care or charge, by virtue of such employment or for such specific purpose, shall be deemed guilty of larceny, and may be tried, sentenced and punished as for any other larceny." At the trial in the district court of the Sixth judicial district the defendant moved in arrest of judgment: (1) Because sentence on a plea of nolo contendere is not such a conviction as the statute contemplates; and (2) because the declaration sounds in trespass, while the action purports to be in case.
It is true that the word "convicted," as contended by the defendant, is commonly used merely to signify the finding of the jury that the accused is guilty; but it is also frequently used in a more technical sense, to include the judgment and sentence of the court on a verdict or confession of guilt. Com. v Gorham, 99 Mass. 422. A plea of nolo contendere is an implied confession of guilt, and has the same...
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State ex rel. Clark v. Adams, 11075
...State v Alderman, 81 N.J.L. 549, 79 A. 283; Orabona v. Linscott, 49 R.I. 443, 144 A. 52; In re Lanni, 47 R.I. 158, 131 A. 52; Barker v. Almy, 20 R.I. 367, 39 A. 185; Commonwealth v. Marino, 254 Mass. 533, 150 N.E. 841; Commonwealth v. Ingersoll, 145 Mass. 381, 14 N.E. 449; Commonwealth v. A......
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Ludwig v. Kowal
...have created an issue of fact for trial. Since a plea of nolo contendere followed by a sentence constitutes a conviction, Barker v. Almy, 20 R.I. 367, 39 A. 185 (1898), and since defendant was adjudged guilty by the court, the statutory requirement of establishment of guilt would have been ......
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State v. Briggs
...v. Mullen, 113 R.I. 415, 418, 322 A.2d 27, 29 (1974); State v. McElroy, 71 R.I. 379, 392, 46 A.2d 397, 403 (1946); Barker v. Almy, 20 R.I. 367, 369, 39 A. 185, 186 (1898). We have reasoned that "[a] plea of nolo contendere is an implied confession of guilt" and therefore, "[t]he judgment of......
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Schad v. McNinch
...where there is no governing statute. Philpot v. State, 65 N.H. 250, 20 A. 955; Commonwealth v. Tilton, 8 Metc. (Mass.) 232; Barker v. Almy, 20 R.I. 367, 39 A. 185; State Herlihy, 102 Me. 310, 66 A. 643. The court held in the foregoing cases that such plea, although not technically a plea of......