People v. Clelland

Mr; JUSTICE DIXON

dissenting:

The sole issue here is whether defendant was erroneously “convicted” for multiple offenses arising out of the same transaction.

The word “conviction” in its ordinary sense has one meaning and in its technical legal sense quite another. (24 C.J.S. Criminal. Law, sec. 1556.) A judgment or sentence is indispensable to a conviction in the latter sense of the term and the mere ascertainment of guilt by verdict or plea which satisfies the ordinary definition of conviction does not suffice. Also see 18 C.J.S. Conviction, page 97.

The question arose early in Illinois in…