At the May, 1917, Term of the Superior Court of Wayne County the defеndant was indicted for conducting a bawdy-house. The defendant entered a plea of nolo contendere, аnd the prayer for judgment was continued upon paymеnt of costs. At the August, 1917, Term of the said court, on motion of the solicitor, the case was brought for *797 ward and the motion for judgment renewed, the defendant being present and rеpresented by counsel, wbo excepted to thе motions. Tbe exception was overruled, and aftеr bearing the evidence, the court found as a fact that, before and after the plea of nolo contendere, the defеndant bad been guilty of continuously keeping a bawdy-bouse at the same place and practically in thе same manner as before the submission of the plea, and that she bears a bad reputation in that respеct, and also for selling whiskey.
It is contended tbat the effect of the plea of nolo contendere when accepted by thе court precludes any further sentence, except such as is imposed at the time the plea is accepted, and tbat the payment of costs was thе punishment inflicted in this case.
We are unable to agrеe with .the learned counsel for tbe defendant. A plеa of
nolo contendere,
which is still allowed in some courts, is regarded by some writers as a guasi-confession of guilt. Whether tbat be true оr not, it is equivalent to a plea of guilty in so far as it gives tbe court tbe power to punish. It seems to be universally held tbat when tbe plea is accepted by tbe court, sentence is imposed as upon a plea of guilty.
Com. v. Ingersoll,
Tbe only advantage in a plea of nolo contendere gained by tbe defendant is tbat it gives him tbe advantage of not being estopped to deny bis guilt in civil action based uрon tbe same facts. Upon a plea of guilty entered of record, tbe defendant would be estopped to deny bis guilt if sued in a civil proceeding. Com. v. Horton, 9 Pick., Mass., 206; 12 Cyc., 354.
Speaking of this plea, • tbe Supreme Court of Massachusetts says: “Tbе plea of nolo contendere is an implied confession of tbe offеnse charged, and tbe judgment of conviction follows tbаt plea as well as tbe plea of guilty, and it is not neсessary tbat tbe court should judge tbat tbe party was guilty, for tbаt follows by necessary legal- inference from tbe implied confession.” S. v. Herlihy, 102 Me., 310.
Tbe Pennsylvania Supreme Court says: “Tbe plea of
nolo contendere
is a mild form of pleading guilty. ... It has tbe same effect as a plea of guilty so far as concerns tbe proceedings upon the indictment.”
Buck v. Com.,
So we see upon tbe authorities tbat tbe court bad powеr notwithstanding tbe acceptance of tbe plea to impose tbe sentence fixed by law. The judgment of tbe court was not suspended; but even if it bad been, therе are circumstances under which a court may prоnounce judgment in such cases. Tbe judgment in this case was continued upon payment of tbe costs, which plainly gave to tbe solicitor tbe right to pray judgment at any time. Of course, notice should be given and tbe defendant allowed a bearing, as was done in this case.
Affirmed.