People v. Fabian
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from an order of the Court of General Sessions of the Peace in and for the county of New York, entered in the office of the clerk of said court on the 23d day of December, 1907, sustaining a demurrer to an indictment.
1Dissent
Clarke, J. (dissenting):
I dissent. It is true that the word “ conviction ” in popular parlance, and indeed in Code and statutory provisions, often means the verdict of a jury finding the defendant guilty of that whereof he is charged. It is usually applied in criminal proceedings, but is sometimes made use of in civil," as hereinafter pointed out. But I have reached the conclusion that the weight of authority sustains the proposition that where pains, penalties, fines, forfeitures and disqualifications follow upon conviction, then “ conviction ” means the sentence or judgment of the court…
2Cases cited11 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Blaufus v. . PeopleNew York Court of Appeals · 1877
- Jackson v. OsbornNew York Supreme Court · 1829
- People of State of New York v. . McGloinNew York Court of Appeals · 1883
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