State v. Townley
Supreme Court of Missouri
Appeal from Sowell Circuit Court. — Hon. W. N. Evans, Judge. We take tbe position that the date of plea of guilty or conviction is the date to govern and not the date of sentence. See Session Acts 1897, p. 123. It will be noticed that the statute uses the word “conviction” and not “sentence” and Anderson’s Law Dictionary, page 256, says “conviction” is used to designate a particular stage of criminal prosecution triable by a jury.
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Appeal from Sowell Circuit Court. — Hon. W. N. Evans, Judge. We take tbe position that the date of plea of guilty or conviction is the date to govern and not the date of sentence. See Session Acts 1897, p. 123. It will be noticed that the statute uses the word “conviction” and not “sentence” and Anderson’s Law Dictionary, page 256, says “conviction” is used to designate a particular stage of criminal prosecution triable by a jury. The ordinary legal meaning is the confession of the accused in court or the verdict returned against him by the jury which ascertains and publishes the fact of his…
1Opinion of the CourtBurgess, J.
— Defendant, having been indicted in the circuit court of Howell county, Missouri, for rape, on the tenth day of July, 1897, was arraigned under the indictment and pleaded guilty of assault with intent to commit rape. The court then continued the case under advisement until the third day of August next following, at -which time the court found that the defendant was under eighteen years of age at the lime he entered his plea of guilty, but was then over that age, and fixed his punishment at three years imprisonment in the penitentiary, while defendant insists that he should have been sent to…
2Cases cited3 opinions
- Faunce v. PeopleIllinois Supreme Court · 1869
- Schiffer v. . PrudenNew York Court of Appeals · 1876
- Pitts v. . PittsNew York Court of Appeals · 1873
3Cited by11 opinions
- Neibling v. TerrySupreme Court of Missouri · 1944
- Meyer v. Missouri Real Estate CommissionMissouri Court of Appeals · 1944
- State v. DarlingSupreme Court of Missouri · 1906
- State v. FreySupreme Court of Missouri · 1970
- Suspension of Operator's License of Levin v. CarpenterSupreme Court of Missouri · 1960
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