Ex parte Crawford

• Decision Date: 29 June 1928
• Docket Number: 21265.
• Citation: 148 Wash. 265,268 P. 871
• Parties: Ex parte CRAWFORD.
• Court: Washington Supreme Court

268 P. 871

148 Wash. 265

Ex parte CRAWFORD.

No. 21265.

Supreme Court of Washington

June 29, 1928

Department 1.

Appeal from Superior Court, Grays Harbor County; Wm. E. Campbell Judge.

Habeas corpus proceeding by A. B. Crawford for his discharge from custody of sheriff of Grays Harbor county. From an order denying his petition, petitioner appeals. Reversed and remanded, with directions.

F. L Morgan, of Hoquiam, for appellant.

Austin M. Wade, of Aberdeen, for respondent.

PARKER J.

By this habeas corpus proceeding the petitioner, Crawford, sought in the superior court for Grays Harbor county his discharge from the custody of the sheriff of that county. A hearing in that court upon the merits resulted in a denial of Crawford's petition and a final order accordingly, from which he has appealed to this court.

The controlling facts are not in dispute. On July 19, 1927, a warrant was issued by a justice of the peace of Cowlitz county for the arrest of appellant, reading as follows:

'Warrant of Arrest.

'State of Washington, County of Cowlitz--ss.:

'In Justice Court, for Kelso Precinct.

'To the Sheriff or any Constable of said County:

'Whereas, W. H. Pautzke has this day complained in writing, under oath, to the undersigned, one of the justices of the peace in and for said county, that on the 18th day of July, 1927, in said county and state, A. B. Crawford did commit the crime of reckless driving. Therefore, in the name of the state of Washington, you are commanded forthwith to apprehend the said A. B. Crawford and bring him before me to be dealt with according to law.

'Given under my hand this 19th day of July, 1927.

M. J. Nash, Justice of the Peace.'

On December 17, 1927, this warrant having come into the hands of the sheriff of Grays Harbor county, he arrested appellant in that county, assuming to do so by authority of the warrant. Thereafter, on that day, appellant petitioned the superior court for that county for a writ of habeas corpus and for his discharge from the custody of the sheriff of that county. Denial of appellant's petition and his appeal therefrom followed, as we have above noticed.

It is contended in behalf of appellant that the territorial jurisdiction of a justice of the peace in this state does not extend beyond the boundaries of his county, and that therefore a warrant of arrest issued by a justice of the peace upon a misdemeanor charge triable before him cannot be lawfully executed by arresting the accused beyond the boundaries of such county.

Section 10, art. 4, of our state Constitution, reads in part as follows:

'The Legislature shall * * * and shall prescribe by law the powers, duties and jurisdiction of justices of the peace.'

Our Legislature, exercising this power, enacted section 46 of Remington's Compiled Statutes, reading, so far as we need here notice its language, as follows:

'Justice of the peace shall have jurisdiction concurrent with the superior courts of all misdemeanors and gross misdemeanors committed in or which may be tried in their respective counties.'

We are not aware of any other constitutional or statutory provision extending the territorial jurisdiction of the justices of the peace beyond the boundaries of their respective counties, and we think there is no such provision. We conclude, therefore that their territorial jurisdiction is confined to their respective counties.

May a warrant of arrest issued by a justice of the peace upon a misdemeanor charge, triable before him, be lawfully executed by arresting the accused beyond his territorial jurisdiction? It is elementary law that, in the absence of constitutional or statutory authority, a warrnat of arrest cannot be lawfully executed by arresting the accused beyond the territorial jurisdiction of the justice or court issuing it. 1 Chitty's Criminal Law, 48; 1 Bishop's New Criminal Procedure (2d Ed.) p. 140. No constitutional or statutory provision of this state has come to our notice, and we think there is none, authorizing the execution of a justice of the peace warrant, issued upon a misdemeanor charge triable before him, by arresting the accused beyond his territorial jurisdiction.

We now inquire as to whether the justice issued the...