Smith v. Commonwealth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

In the view w;e take of the ease it is necessary for us to consider and determine only one question raised by the assignment of error, and that is this:

*5921. What is the meaning of the word “convicted,” contained in the statute (section 2705 of the Code), under which the accused was removed from office in the case in judgment, as applicable to such ease? Is its meaning satisfied merely by the finding by the jury of a verdict of guilt; or does it require a judgment of conviction of the offense?

The statute…