In re Kirby

Citations

• 10 S.D. 322
• 39 L.R.A. 856
• 73 N.W. 92
• 1897 S.D. LEXIS 63

Syllabus

<p>1. Laws 1893, O. 21, relating to attorneys and counselors, and providing for their suspension and disbarment,-and the procedure when an affidavit charging an attorney with embezzlement or other professional misconduct is filed, and repealing all acts and parts of acts in conflict therewith, is not in conflict with, and does not repeal, Comp. Laws, § 473, declarihg that conviction of a felony or of a misdemeanor involving moral turpitude is cause for revocation or suspension, and that the record of conviction is conclusive evidence.</p> <p>2. A conviction for receiving property of another with intent to convert the same to the defendant’s use and gain, knowing the same to have been stolen, being for an offense punishable by imprisonment in the penitentiary, is a conviction for a felony, within Comp, Laws, g 473, declaring that conviction for a felony shall be sufficient cause to revoke the license of or suspend an attorney.</p> <p>3. Under Comp. Laws, l 473, declaring the conviction of an attorney of a felony a sufficient cause to revoke his license or suspend him, and that the record of such conviction shall be conclusive evidence, a judgment of conviction for a'felony is sufficient to warrant suspending- the attorney, though such judgment has been superseded on writ of error.</p>