Commonwealth v. Kiley

• Decision Date: 01 January 1890
• Citation: Commonwealth v. Kiley, 150 Mass. 325, 23 N.E. 55 (Mass. 1890)
• Parties: COMMONWEALTH v. KILEY.
• Court: Supreme Judicial Court of Massachusetts

150 Mass. 325

23 N.E. 55

COMMONWEALTH v. KILEY.

Supreme Judicial Court of Massachusetts, Norfolk.

January 1, 1890

COUNSEL

A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst Atty. Gen., for the Commonwealth.

J.L Eldridge, for defendant.

OPINION

KNOWLTON J.

In Com. v. Gorham, 99 Mass. 420, it was said that "the term 'conviction' is used in at least two different senses in our statutes. In its most common use, it signifies the finding of the jury that the prisoner is guilty; but it is very frequently used as implying a judgment and sentence of the court upon a verdict or confession of guilt." The statutes referred to in that case fully sustain the statement in the opinion. St.1887, c. 392 provides that "the conviction, by a court of competent jurisdiction, of a person licensed under the provisions of chapter 100 of the Public Statutes, for violation of any of the provisions of said chapter, and the several acts in amendment thereof, shall, of itself, make the license of said person void." Under this provision the effect of a conviction of the kind named is to deprive the defendant of a valuable right, without an opportunity for further trial or investigation. We are of opinion that nothing less than a final judgment, conclusively establishing guilt, will satisfy the meaning of the word "conviction," as here used. At any time before a final judgment of the court a motion in arrest of...