45 Pa. 372 | Pa. | 1863
The opinion of the court was delivered,
by
The common and ordinary mode of expression to indicate the successful prosecution of a party charged with a crime, marks the distinction which is expressed by both the Acts of 1814 and 1860. We almost invariably use the phrase that he or she has been convicted and sentenced — both ingredients being necessary to accomplish the final result. They are distinct acts or processes towards a.result. The one is the act of the jury; the other of the court without the jury. They are expressed by appropriate and well-understood terms, and while it is possible that the result of the co-operation of both may be expressed by the simple term “conviction,” yet this is far from the ordinary use of that word. In summary convictions, where the act of conviction and sentence is one and the same, it is quite proper to hold that the conviction is complete without sentence. They are indivisible. It is the sentence that discloses the conviction. A case of this kind is Cumberland Co. v. Holcomb, 12 Casey 352. But when the trial is by jury, this is not so. The conviction and sentence are each in turn liable to be attacked and tested separately. One for errors in the trial or by the jury; the other for errors in the judgment. Blackstone, in his Commentaries, Vol. 4, p. 362, defines the word by saying, “if a jury find him (the prisoner) guilty, he is then said to be convicted of the crime whereof he stands indicted.”
Accordingly, that learned and accomplished author and jurist divides the process of a public prosecution, and discusses them in separate chapters. One designated thus: “ Of trial and con
Judgment affirmed.