Commonwealth v. Kiley
Decision Date | 01 January 1890 |
Citation | 23 N.E. 55,150 Mass. 325 |
Parties | COMMONWEALTH v. KILEY. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.
J.L. Eldridge, for defendant.
In Com. v. Gorham, 99 Mass. 420, it was said that 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 judgment may be made, or the verdict may be set aside upon a motion for a new trial on the ground of newly-discovered evidence, or for other good cause; and, upon further proceedings, it may turn out that the defendant is not guilty. At the time of the sale relied on in the present case the verdict of the jury in the former trial had not been followed by a judgment, and the defendant had not been convicted, within the meaning of this statute. Verdict set aside.
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State v. Cartwright
...deemed to have been 'convicted' unless it is shown that a judgment has been pronounced upon the verdict.' See, also, Commonwealth v. Kiley, 150 Mass. 325, 326, 23 N.E. 55. A contrary view was expressed by Judge Deady in United States v. Watkins, 9 Cir., 6 F. 152, But the New York and Massac......
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Attorney Gen. v. Pelletier
...a final judgment, conclusively establishing guilt, will satisfy the meaning of the word ‘conviction’ as here used.' Commonwealth v. Kiley, 150 Mass. 325, 326, 23 N. E. 55;Commonwealth v. Meehan, 170 Mass. 362, 49 N. E. 648. The papers presented as the record show a verdict of guilty and sen......
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Attorney General v. Pelletier.
... ... Admissions and confessions, Failure to testify, Failure to ... call witness. Words, "Officer ... of the ... Commonwealth," "Property," "Estate," ... "Immunity," "Liberty," ... "Conviction." ... Since a district ... attorney, while he is an officer ... establishing guilt, will satisfy the meaning of the word ... `conviction' as here used." Commonwealth v ... Kiley, 150 Mass. 325 , 326. Commonwealth v ... Meehan, 170 Mass. 362 ... The papers ... presented as the record show a verdict of ... ...
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Snodgrass v. State
...by the court;" Francis v. Weaver, 76 Md. 457, 467, 25 Atl. 413; Commonwealth v. Gorham, 99 Mass. 420, 422 (quoted in Commonwealth v. Kiley, 150 Mass. 325, 326, 23 N. E. 55; Commonwealth v. Lockwood, 109 Mass. 323, 330, 12 Am. Rep. 699); Blaufus v. People, 69 N. Y. 107, 109, 25 Am. Rep. 148;......