Commonwealth ex rel. District Attorney v. Jackson

Citations

• 248 Pa. 530
• 94 A. 233
• 1915 Pa. LEXIS 605

Syllabus

<p>Criminal law — Criminal procedure — Pleas—Nolo contendere— Bribery — School directors — School code — Act of May 18, 1911, P. L. 809, Sections 225, 111 — Conviction—Forfeiture of office — Quo warranto.</p> <p>1. While a plea of nolo contendere when accompanied by a protestation of innocence will not preclude the defendant in a civil suit from contesting the facts charged in the indictment, it has' the same effect as a plea of guilty so far as the indictment is concerned, and when judgment has been entered on the plea, the record is competent evidence of the fact of conviction.</p> <p>2. An indictment charging that the defendant did “wilfully and unlawfully ask for, receive and accept a certain sum of money, to wit: the sum of ten dollars for his vote, recommendation and influence to secure the said borough......to adopt and purchase certain doormats being school supplies and furniture......said money being asked for and accepted......to influence the vote and official behavior” of the said defendant as school director, charges an offense under Sections 225 and YU of the School Code of May 18, 1911, P. L. 309. Such offense is complete when the bribe has been accepted; it is not material whether the promise was carried out.</p> <p>• 3. A plea of nolo contendere in such case precludes school directors from averring in quo warranto proceedings to oust them from office that they had not been convicted of the offense charged.</p> <p>4. A school director who sells his vote is guilty under both Sections 225 and 711 of the School Code of May 18, 1911, P. L. 309, but a teacher is not an officer to whom the forfeiture clause in Section 225 is applicable.</p> <p>5. In Section 225 of the school code providing for the removal of a school director who sells his vote as to any “matter or action that shall come before the board,” the word “shall” does not necessarily mean that the matter must be before the board before the offense is complete, but also recognizes some future acti