Basson v. State

• Decision Date: 02 November 1933
• Docket Number: 25,862
• Citation: 187 N.E. 344,205 Ind. 532
• Parties: Basson v. State of Indiana
• Court: Indiana Supreme Court

187 N.E. 344

205 Ind. 532

Basson v. State of Indiana

No. 25,862

Supreme Court of Indiana

November 2, 1933

1 AUTOMOBILES---Offenses---Jurisdiction.---Section 11011, Burns 1926, gives city courts "exclusive jurisdiction" of all violations of traffic laws and ordinances as against justices of the peace, but does not affect the jurisdiction in such cases of circuit, superior, and criminal courts. p 534.

2. AUTOMOBILES---Offenses---Driving While Intoxicated---Statute---Constitutionality.---Section 10141 Burns Supp. 1929, prohibiting driving of automobile while under the influence of intoxicating liquor, is not unconstitutional because not plainly worded or for failure to define the crime in direct and unmistakable terms. p. 535.

3. AUTOMOBILES---Offenses---Driving While Intoxicated---Question of Fact.---In a prosecution for driving an automobile while under the influence of intoxicating liquor (10141, Burns Supp. 1929), whether or not defendant was under the influence of intoxicating liquor at the time and place charged was a question of fact for the trial court or jury. p. 535.

4. CRIMINAL LAW---Appeal---Review of Evidence.---Supreme Court will not disturb the finding of the lower court when there is substantial evidence to support all the essential elements of the crime charged. p. 535.

5. AUTOMOBILES---Offenses---Driving While Intoxicated---Evidence of Intoxication Held Sufficient.---In a prosecution under 10141, Burns Supp. 1929, evidence held sufficient to support finding that defendant was under the influence of intoxicating liquor at the time and place charged. p. 535.

From Wayne Circuit Court; Gustave H. Hoelscher, Judge.

Leonard Basson was convicted of driving an automobile upon a public highway while under the influence of intoxicating liquor, and he appealed.

Affirmed.

Alonzo R. Feemster and Allison M. Feemster, for appellant.

James M. Ogden, Attorney-General, and Merl M. Wall, Deputy Attorney-General, for the State.

OPINION

Roll, J.

This is a criminal action, commenced by an affidavit filed in the Wayne Circuit Court, charging appellant with driving an automobile upon and along a public highway, in Wayne county, Indiana, while under the influence of intoxicating liquor, in violation of § 40, Acts 1925, p. 570, as amended by Acts 1927, p. 562, § 10141, Burns Supp. 1929 (§ 11170, Baldwin's 1934).

Appellant entered a plea of not guilty, and there was a trial by the court, and a finding and judgment of guilty. Appellant filed his motion for a new trial and assigned as reasons therefor, (1) that the finding of the court is not sustained by sufficient evidence, and (2) that the finding of the court is contrary to law. The court overruled the motion for a new trial, which action is assigned as the first error on this appeal. Appellant's second assignment is that the Wayne Circuit Court had no jurisdiction of the offense charged; and the third assignment is, that the Wayne Circuit Court did not have jurisdiction of the subject matter hereof.

As appellant, in his brief, discusses his second and third assignments of error first, viz, that the Wayne Circuit Court had no jurisdiction of the offense charged, or the subject matter of said cause, we will do likewise. Appellant contends that under § 11011, Burns Ann. Stat. 1926 (§ 11587, Baldwin's Ind. Ann. Stat 1934), the city judge of Richmond had exclusive jurisdiction to try appellant for the crime charged in the affidavit. Appellant in his brief quotes a portion of said § 11011, but in our judgment fails to quote that part of the statute which is of decisive importance in interpreting this statute. That part of the statute here involved reads as follows: "He (meaning city judge) shall have and exercise, within the county in which such city is located, the powers and jurisdiction now or hereafter conferred upon justices of the peace in all cases of crime and misdemeanors, except as otherwise herein provided. He shall have exclusive jurisdiction of all violations of the ordinances of such city. In all cities of the first and second and third classes, he shall have exclusive jurisdiction of the trial of all misdemeanors constituting violation of highway traffic ordinances of such city, and of violation of the highway traffic laws of the state of Indiana." The first part of the above quoted statute gives the city judge the same jurisdiction that is given or may be given justices of the peace, except as therein provided, and then makes the exceptions, one of which...