Hays v. Stewart
| Decision Date | 20 June 1900 |
| Citation | 61 P. 591,7 Idaho 193 |
| Parties | HAYS, ATTORNEY GENERAL, v. STEWART, JUDGE |
| Court | Idaho Supreme Court |
PRISONER-ESCAPE-DISTRICT COURT REFUSING TO TRY MANDAMUS.-A prisoner who escapes while serving a term in the state prison may, before the expiration of his term, be tried for such escape under the provisions of section 6452 of the Revised Statutes of Idaho. Writ of mandate will issue to require a district court to proceed with a criminal case in such court, which is triable when such court refuses to proceed at all with said case.
(Syllabus by the court.)
Original proceeding for writ of mandate.
Writ granted and issued; no costs to be taxed against either party.
Samuel H. Hays, Attorney General, for Plaintiff.
Under the provisions of sections 4977 and 4978 of the Revised Statutes the writ of mandate is the proper method to bring this matter to the attention of this court. (13 Ency. of Pl & Pr. 535; Rev. Stats., secs. 6452, 8435.) A party confined in the penitentiary has all of his rights as a witness. (Rev Stats., secs. 8155, 8171.) We think under the following authorities that we are clearly entitled to this writ People v. Flynn, 26 P. 1114; People v Majors, 65 Cal. 138, 52 Am. Rep. 295; People v. Hong Ah Duck, 61 Cal. 391.)
Silas W. Moody, for Defendant, files no brief.
One James Guy, while serving a term in the state prison, and before the expiration of such term, made his escape from said prison. He was retaken, whereupon an information charging him with such escape was filed by the county attorney of Ada county in the district court of the third judicial district in and for said Ada county, Honorable George H. Stewart, judge. Thereafter, and on March 2, 1900, said county attorney filed in said district court his affidavit showing such facts and moved that the defendant be brought before the court to plead, and that the case be proceeded with. Said district court denied said motion, refused to order said defendant brought before it, and refused to proceed with the case. To compel the said district court to proceed, plaintiff has commenced this proceeding, and demands the writ of mandate of this court requiring the said district court to take the plea of said defendant, James Guy, to said information, at the next term of said court, and proceed to try said defendant. Annexed to the petition as exhibits are copies of said information, motion, and affidavit. To the petition the defendant files a general demurrer. The only question before us is, Can the defendant be tried for such escape before the expiration of his original sentence?
Section 6452 of the Revised Statutes, is as follows: "Every territorial prisoner confined in the territorial prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the territorial prison for a term equal in length to the term he was serving at the time of such escape said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison." Construing this statute by the usual rules of construction, it is palpable that it was the...
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In re Application of H. F. Mallon
...565; 1 Sutherland's Stat. Const., p. 136.) The contention that the defendant is twice in jeopardy deserves no particular discussion. (Hays v. Stewart, supra.) A close reading of statute in question will, we think, lead the court to the conclusion that the legislature in prescribing punishme......
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Humbird Lumber Co. v. Morgan
... ... findings of fact and rendering judgment or decree is the ... proper remedy. (Hays v. Stewart, 7 Idaho 193, 61 P ... 591; State v. Eddy, 10 Mont. 311, 25 P. 1032; ... Temple v. Superior Court, 70 Cal. 211, 11 P. 699; ... State ... ...
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Hanson v. Weniger
...9 Idaho 718, 76 P. 323; State v. Quarles, 13 Idaho 252, 253, 89 P. 636; Oliver v. Kootenai County, 13 Idaho 281, 90 P. 107; Hays v. Stewart, 7 Idaho 193, 61 P. 591.) J. Budge, C. J., and Morgan, J., concur. OPINION RICE, J. In this case judgment was rendered by appellant as probate judge of......
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State v. Mendenhall
...of imprisonment to commence from the time he would otherwise have been discharged from said prison. [Emphasis added.] See Hays v. Stewart, 7 Idaho 193, 61 P. 591 (1900). Thus, in its original form, the statute was enacted solely to punish escapes from the territorial prison. Confinement at ......