Blacks Law Dict. 1st ed

274

CONVICIA, ETC.

COOPBBTIO

upon exceptions taken by the accused during the trial, is granted after conviction, within the mean ing of a constitutional restriction upon granting pardon before conviction. When, indeed, the word u conviction" is used to describe the effect of the guilt of the accused as judicially proved in one case, when pleaded or given in evidenoe im another, it is sometimes used in a more compre hensive sense, including the judgment of to* court upon the verdict or confession of guilt; as, for instance, in speaking of the plea of autrqfoit convict, or of the effect of guilt, judicially ascer tained, as a disqualification of the conviot 109 Mass. 323. See 17 Pick. 380. CONVIVIUM. A tenure by which m tenant was bound to provide meat and drink for his lord at least once in the year. Cow ell. CONVOCATION. In ecclesiastical law. The genera] assembly of the clergy to con sult upon ecclesiastical matters. CONVOY. A naval force, under the command of an officer appointed by govern ment, for the protection of merchant-ships and others, during the whole voyage, or such part of it as is known to require such pro tection. Marsh. Ins. b. 1, c. 9, § 5; Park. Ins. 388; Feake, Add. Cas. 143n; 2 H. Bl. 551. CO-OBLIGOR. A joint obligor; one bound jointly with another or others in a bond or obligation. COOL BLOOD. In the law of homi cide. Calmness or tranquillity; the undis turbed possession of one's faculties and reason; the absence of violent passion, fury, or uncontrollable excitement. COOLING TIME. Time for the mind to become so calm and sedate as that it is supposed to contemplate, comprehend, and coolly act with reference to the consequences likely to ensue. 10 Tex. App. 447. CO-OPERATION. Thecombined action of numbers. It is of two distinct kinds: (1) Such co-operation as takes place when several persons help each other in the same employment; (2) such co-operation as takes place when several persons help each other in different employments. These may be termed "simple co-operation" and "com plex co-operation." Mill, Pol. Ec. 142. COOFEBTIO. In old English law. The head or branches of a tree cut down; though coopertio arborum is rather the bark of timber trees felled, and viie chumps and broken wood. Co well.

Convicia si irascaris tua divulgas; spreta exoleseunt. 3 Inst. 198. If you be moved to anger by insults, you publish them; if despised, they are forgotten. CONVICIITM. In the civil law. The name of a species of slander or injury uttered in public, and which charged some one with some act contra bonos mores. CONVICT, t>. To condemn after judi dial investigation; to find a man guilty of a criminal charge. The word was formerly used also in the sense ol finding against the defendant in a civil case. CONVICT, n. One who has been con demned by a court. One who has been ad judged guilty of a crime, or misdemeanor. Usually spoken of condemned felons or the prisoners in penitentiaries. Formerly a man was said to be convict when he had been found guilty of treason or felony, but before judgment had been passed on him, after which he was said to be at taint, (q. v.) Co. Litt. 3906. CONVICTED. This term has a definite signification in law, and means that a judg ment of final condemnation has been pro nounced against the accused. 10 Tex. App. 469. CONVICTION. In practice. In a gen eral sense, the result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. Finding a person guilty by verdict of a jury. 1 Bish. Crim. Law, § 223. A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, in a case where the offender has been con victed and sentenced. Holthouse. Summary conviction is one which takes place before an authorized magistrate with out the intervention of a jury. In ordinary phrase, the meaning of the word "conviction" is the finding by the jury of a verdict that the accused is guilty. But, in legal parlance, it often denotes the final judgment of the court. 69 N. Y. 109. The ordinary legal meaning of "conviction," jrhen used to designate a particular stage of a crim inal prosecution triable by a jury, is the confession at the accused in open court, or the verdict returned Against him by the jury, which ascertains and pub lishes the fact of his guilt; while "judgment"or "sentence "is the appropriate word to denote the action of the oourt before which the trial is had, de claring the consequences to the convict of the fact thus ascertained. A pardon granted after verdict of guilty, but before sentence, and pending a hearing

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