State v. Brighi
| Decision Date | 15 December 1942 |
| Docket Number | No. 46071.,46071. |
| Parties | STATE v. BRIGHI. |
| Court | Iowa Supreme Court |
STATE
v.
BRIGHI.
No. 46071.
Supreme Court of Iowa.
Dec. 15, 1942.
Appeal from District Court, Webster County; Dean W. Peisen, Judge.
By information, defendant was accused “of the crime of failing to yield the right of way at an intersection and causing a fatal accident”. Defendant demurred to the information. The demurrer was sustained. The State stood on the ruling and appeals therefrom.
Affirmed.
John M. Rankin, Atty. Gen., Jens Grothe, Asst. Atty. Gen., and Ralph Bastian, Co. Atty., and Horace J. Melton, Asst. Co. Atty., both of Fort Dodge, for appellant.
Helsell, Burnquist & Bradshaw, of Fort Dodge, for appellee.
MILLER, Justice.
On November 7, 1941, an information was filed with a Justice of the Peace in Webster County, Iowa, which stated: “The defendant is accused of the crime of Failing to Yield the Right of Way and Caused a Fatal Accident. For that the defendant on the 3d day of Nov., A. D. 1941, at the city of Fort Dodge, Ia., in the County and State aforesaid, did fail to yield the right of way with his automobile thereby causing a collision fatal to Mrs. Clyde Williamson, contrary to the Statutes in such cases made and provided, and against the peace and dignity of the State of Iowa.” To this information the defendant entered a plea of not guilty. Trial was had, resulting in a conviction and a fine of $100 and costs.
Appeal was taken to the District Court of Webster County. The plea of not guilty was withdrawn and a demurrer to the information was filed on the following grounds: “1. That said information does not charge an offense against the laws of the State of Iowa. 2. That there is no clear statement of any affirmative act on the part of the defendant constituting an offense either of commission or omission such as is defined by any statute of the State of Iowa. 3. That there is no statute in the State of Iowa providing a penalty for the act charged in said information and that the court would be without jurisdiction to assess any penalty even admitting the defendant committed the act as charged in said information.” The information was thereafter amended by inserting the words “at an intersection” after the words “right of way” as they appear in
[7 N.W.2d 10]
two places in the information. The cause was submitted to the court on the demurrer to the information as amended. The court sustained the demurrer. The State elected to stand on the ruling. Judgment was entered discharging the defendant, setting aside the judgment of the Justice of the Peace, exonerating defendant's bond and entering judgment against the State for costs. The State of Iowa appeals therefrom.
While the grounds of the demurrer were three in number, they presented but two questions for the court's decision: First, whether the act charged in the information is made an offense by the statutes of this state and, second, whether the information states the commission of the offense. The answer to either question depends upon an interpretation of Chapter 175 of the Acts of the 49th General Assembly, which repealed Section 5026.01 of the Code 1939, and enacted in lieu thereof the following provisions: “Where two vehicles are approaching on any public street or highway so that their paths will intersect and there is danger of collision, the vehicle approaching the other from the right shall have the right of way. The foregoing rule is modified at through highways and otherwise as...
To continue reading
Request your trial