156 Iowa 251 | Iowa | 1912
On the 8th day of December, 1908, the plaintiffs herein were permanently enjoined from illegally
But two questions are before us for determination as we view the case, and they are both of law. The Thirty-Third General Assembly, chapter 142, section 3, enacted this law: “No person who shall be hereafter convicted of violating the laws of this state relating to the sale of intoxicating liquors, or shall be permanently enjoined by any court of this state for such violation, shall be permitted to sell intoxicating liquors in this state within five (5) years from the date of such conviction or injunction, and no
And it would seem to follow that the violation of an injunction in a nuisance case is not a crime as the word is ordinarily understood and defined. In the Gibson case, supra, we said: “It is a well-settled proposition that, while the proceedings to punish for contempt may in some features resemble hearings in criminal proceedings, and judgment of fine and imprisonment may be entered, yet the object and purpose thereof is not to punish a public offense but to compel obedience to and respect for the order of the court.” The statute provides that words and phrases shall be construed according to the context and approved use of the language unless such words and phrases have acquired a peculiar and appropriate different meaning in law. It has always been the holding of this court that proceedings in contempt are not criminal, and this construction of the provisions of the statute punishing for contempt will be presumed to have been in the minds of the legislators when the statute under consideration was enacted, and the word “convicted” must be construed in the light of such knowledge. That the word “convicted” as here used has not acquired a peculiar and appropriate meaning different from its approved use is manifest, for
The word “conviction” ordinarily signifies the finding of the jury by verdict that the prisoner is guilty. Hackett & Freeman v. Graves, 103 Iowa, 296; Bishop, Statutory Crimes, section 348; Quintard v. Knoedler, 53 Conn. 485 (2 Atl. 752, 55 Am. Rep. 149). “Conviction is a technical term applicable to judgment in a criminal prosecution.” Chief Justice Marshall in Amnidon v. Smith, 1 Wheat. 461 (4 L. Ed. 132). An ordinary conviction takes place in a criminal prosecution by indictment, etc., and may either consist of the prisoner’s confession and plea of guilty or of the verdict of guilty found by a jury. 4 Blackstone, Com. 262; 1 Bishop, Criminal Law, section 223; Bouvier’s Law Dict. 435. Webster defines the word “convicted” as the past participle of the verb “to convict,” which means to prove or. find guilty of an offense or crime charged. Where a license was made void if the person holding it suffer conviction by a court of competent jurisdiction, it was held that “conviction” meant either a finding by a. jury that the prisoner was guilty, or else a judgment and sentence of the court upon a verdict or confession of guilt. Commonwealth v. Kiley, 150 Mass. 325 (23 N. E. 55). To same effect is, Hartley v. Henreta, 13 S. E. 375 (W. Va.). “A ‘conviction’ is an adjudication that the accused is guilty. It imports all that the statute requires before holding one to bail, and, more, it involves not only the corpus delicti and the probable guilt of the accused but the actual guilt.” Nason v. Staples, 48 Me. 123. A “conviction” is the finding of guilt. People v. Adams, 95 Mich. 543 (55 N. W. 461); Egan v. Jones, 21 Nev. 433 (32 Pac. 929); State v. Barnes, 24 Fla. 153 (4 South. 560); Blair v. Commonwealth, 66 Va. 850. We reach the conclusion that punishment for contempt was not a “conviction” of violating the laws of this state relating to the sale of intoxicating liquors.
But the question' of prejudice on that account is not before us. The only question before us is whether the judgment rendered by Judge Hutchinson was an adjudication of the matter now before us. We do not think it was. No issue was before him which warranted the statement in the judgment. The sole question for him to adjudicate was whether the defendants had violated the injunction before the information was filed, and this, we think, was all that his judgment did determine. True it is that he
A judgment at common law is the determination or sentence of the law pronounced by a competent judge or court “affirming that, upon the matters submitted for its decision, a legal duty or liability does or does not exist.” 23 Cyc. 665. “That only is a judgment which is pronounced between the parties to an action upon the matters submitted to the court for decision.” 4 Words & Phrases, 3828; Bullock v. Bullock, 52 N. J. Eq. 561 (30 Atl. 676, 27 L. R. A. 213, 46 Am. St. Rep. 528). “A judgment is the final determination of the rights of the parties in an action.” 4 Words & Phrases, 3829, and eases there cited. A judgment is the final and definite sentence or decision of the Court by which the merits of a cau.se are settled or determined. Coffey v. Gamble, 117 Iowa, 545. A finding of facts or conclusions of law by the judge during or after the trial of the case, or his opinion upon matters submitted, whether oral or in writing, does not necessarily constitute a judgment; “it is not such a definitive sentence or adjudication as is contemplated by that term.” 23 Cyc. 666, and cases cited.
And the findings and judgment may be incorporated in the same instrument without affecting the validity of the judgment and without making the findings a part of the, judgment proper. 23 Cyc. 670; Hopkins v. Warner, 109 Cal. 133 (41 Pac. 868); Pier v. Prouty, 67 Wis.
A finding of fact does not constitute a conviction. There must be also the judgment of the court. Blaufus v. People, 69 N. Y. 107 (25 Am. Rep. 148).
Other matters are discussed by plaintiffs, but our conclusion on the first branch of the case renders t'heir consideration unnecessary. Eor the reasons given in the second division hereof, the judgment must be Affirmedl