Legal Opinion

Commonwealth v. Ferguson

Superior Court of Pennsylvania

Decided December 12, 1910PublishedCited by 38 opinions

Appeal, by Hugh Ferguson, from judgment of Q. S. Allegheny Co., March T., 1910, No. 430, on a plea of nolo contendere in case of Commonwealth v. Hugh Ferguson et al. Indictment for conspiracy. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, by Hugh Ferguson, from judgment of Q. S. Allegheny Co., March T., 1910, No. 430, on a plea of nolo contendere in case of Commonwealth v. Hugh Ferguson et al. Indictment for conspiracy. Before Frazer, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were as follows: 1. Error was committed in the court below position of a sentence of imprisonment on the plea of nolo contendere, because a plea of nolo by the imappellant’s contendere does not justify a sentence of imprisonment but only a fine. 2. Error was committed in the court below because the…

1Opinion of the Court

Opinion by

Rice, P. J.,

A plea of nolo contendere, when accepted by the court, is, in its effect upon the case, equivalent to a plea of guilty. It is an implied confession of guilt only, and cannot be used against the defendant as an admission in any civil suit for the same act. The judgment of conviction follows upon such plea as well as upon a plea of guilty. But there is a difference between the two pleas in that the defendant *629cannot plead nolo contendere without the leave of the court. If such plea is tendered, the court may accept or decline it in its discretion: Com. v. Ingersoll, 145…

2Cases cited6 opinions

  1. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  2. Buck v. CommonwealthSupreme Court of Pennsylvania · 1884
  3. Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
  4. United States v. HartwellU.S. Circuit Court for the District of Massachusetts · 1869
  5. Holmes v. CommonwealthSupreme Court of Pennsylvania · 1855

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Commonwealth, Aplt. v. Shower, W.Supreme Court of Pennsylvania · 2016
  2. Twin Ports Oil Co. v. Pure Oil Co.District Court, D. Minnesota · 1939
  3. State Ex Rel. Clark v. AdamsWest Virginia Supreme Court · 1959
  4. Bourdeev v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2000
  5. Teslovich Et Ux. v. Fire. F. Ins. Co.Superior Court of Pennsylvania · 1933

33 more not listed; retrieve them via the Exa API.

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