Harris v. District Court of Iowa in and for Lee County, at Fort Madison
| Decision Date | 14 March 1939 |
| Docket Number | 44525. |
| Citation | 284 N.W. 451,226 Iowa 606 |
| Parties | HARRIS v. DISTRICT COURT OF IOWA IN AND FOR LEE COUNTY, AT FORT MADISON, IOWA, et al. |
| Court | Iowa Supreme Court |
Certiorari to District Court, Lee County; John M. Rankin, Judge.
A writ of certioriari was granted by this court to review the actions of the respondent court in making two certain rulings in a criminal case in which petitioner herein was defendant. Return was made and hearing has been had upon the record proceedings and facts as certified.
Writ annulled.
On writ of certiorari presenting question whether lower court exceeded its jurisdiction or otherwise acted illegally in overruling a motion to dismiss indictment and in denying special appearance, alleged error in overruling demurrer to indictment could not be considered, especially where neither writ nor petition for writ encompassed a review of such alleged error.
Edward L. O'Connor, of Des Moines, and Phil F. Roan, of Fort Madison, for petitioner.
Fred D. Everett, Atty. Gen., R. N. Johnson, Jr., of Fort Madison and Jens Grothe, of Charles City, for respondents.
The question presented is whether respondent court exceeded its proper jurisdiction or otherwise acted illegally in overruling a motion to dismiss an indictment and in denying a special appearance in the criminal case in which the indictment was found. Petitioner herein, a resident of Des Moines, was the indicted defendant, and filed the motion and made the special appearance. Urging the answer to the question should be in the affirmative, petitioner bases his argument on the following sections, Code 1935:
" 14023. Failure to indict . When a person is held to answer for a public offense, if an indictment be not found against him at the next regular term of the court at which he is held to answer, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown.
14024. Delay in trial . If a defendant indicted for a public offense, whose trial has not been postponed upon his application, be not brought to trial at the next regular term of the court in which the indictment is triable after the same is found, the court must order it to be dismissed unless good cause to the contrary be shown.
The indictment was returned at the September 1936 term charging petitioner with violation of the Iowa securities act, Code, § 8581-c1 et seq. An appearance bond filed by petitioner was approved and he was released from custody, all during the September 1936 term. At the November 1936 term, upon petitioner's application, trial was postponed and the cause was continued. The court also specially set the case to be tried on January 26, 1937, a day of the following January 1937 term. Ten days before this date the county attorney called by phone from Fort Madison the law office in Des Moines of Ray Harrison, the latter at the time being or purporting to be petitioner's attorney in the criminal action, to inform Harrison that the case was to be tried. The conversation was with Harrison's office secretary by whom the county attorney was informed that Harrison was ill in bed and would be unable to try the case on January 26. On account of this information the county attorney permitted the case to go over the date set for the trial. Later, during this same January term Des Moines attorneys other than Harrison filed on behalf of petitioner a demurrer to the indictment. At the April 1937 term the demurrer was set down for hearing and was submitted. Phil F. Roan, of Fort Madison, also entered his appearance as attorney for petitioner at this April term. At the September 1937 term an order overruling the demurrer was entered and the case was placed on the assignment as the second jury case to be tried. Before the case was reached for trial...
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