158 FEDEfiAL REPOETfiR. �may be punishable by imprisonment in the penitentiary" to be a felony, does not haive any bearing upon the case, unleas it is to show that in the legislative mind the liability to sueh pnnishment fixes the grade of theoffence a'ud notthe punisb.- ment actually inflicted. �In the argument for the defendant it has been assumedthat "conviction" of a crime includes and is the resuit of the judg- ment or sentence of tho court imposing the punishment pre- scribed therefor. But this is altogether a mistake. The term conviction, as its composition {convinco, convictio) suEBiciently indicates, signifies the act of convicting or overcoming one, and in criminal procedure the overthrow of the defendant by the establishment of his guilt according to some known legal mode. These modes are, (1) by the plea of guilty, and (2) by the verdict of a jury. �Speaking of the difference between conviction and attaint, Lord Coke says: "The difference between a man attainted and convicted is that a man is said convict before he hath judgment; as if a man be convict by confession, verdict, or recreancy." To the same effect is the definition in Blount's Law Die. «mno 1670, verbum, "convict." �Blackstone (4 Black. 362) says : "If the jury find him [the defendant] guilty, he is then said to be convicted of the crime whereof he stands indicted, which conviction may accrue two ways : either by his conf essing the offence and pleading guilty, or by his being found so by the verdict of his country." Again he says : "After trial and conviction the judgment of ihe court usually follows." Id, 364. "We are now to con- sider the next stage of criminal prosecution after trial and conviction are past, * * • which is that of judgment," (Id. 375;) and "the plea of autrefois convict, or a former con- viction for the same identical crime, though no judgment was ever given, or perhaps will be, * * * is a good plea in bar to an indictment." Id. 336. �Bishop, Statutory Crimes, § 34S, says: "The word convic- tion ordinarily signifies the finding of the jury, by verdict, that the prisoner is guilty. When it is said there bas been a conviction, or one is convict, the meaning usually is not ��� �
