Commonwealth v. Ferguson

Citations

• 44 Pa. Super. 626
• 1910 Pa. Super. LEXIS 230

Syllabus

<p>Criminal law — Pleading—Sentence—Nolo contendere.</p> <p>1. A plea of nolo contendere, when accepted by the court, is, in its effect upon the case, equivalent to a plea of guilty. It is an implied confession of guilt only, and cannot be used against the defendant as an admission in any civil suit for the same act. The judgment of conviction follows upon such plea as well as upon a plea of guilty. But there is a difference between the two pleas in that the defendant cannot plead nolo contendere without the leave of the court. If such plea is tendered, the court may accept or decline it in its discretion.</p> <p>2. The court may impose a sentence of imprisonment under a plea of nolo contendere.</p> <p>3. Where the record of a criminal proceeding shows a plea of nolo contendere indorsed on the indictment and signed by the defendant and the docket entries show that on the day that the plea was entered the defendant appeared in open court and pleaded nolo contendere, and at a later date was sentenced, the action of the court in sentencing the defendant clearly imports an acceptance of the plea.</p> <p>4. On the trial of an indictment in the quarter sessions for conspiracy, an arraignment is not necessary; nor is it necessary that the record should show that the defendant was interrogated before sentence.</p>