State v. Haddon
| Decision Date | 10 December 1934 |
| Docket Number | 25204. |
| Citation | 179 Wash. 669,38 P.2d 227 |
| Court | Washington Supreme Court |
| Parties | STATE v. HADDON. |
Department 2.
Appeal from Superior Court, Skagit County; Geo. A. Joiner, Judge.
Dan Haddon was convicted in a justice of the peace court of driving an automobile while under the influence of intoxicating liquor, and he appealed to the superior court. From a judgment of the superior court dismissing the appeal the defendant appeals.
Dismissal of appeal to the superior court affirmed.
Thomas Smith and James G. Smith, both of Mount Vernon, for appellant.
John W Brisky and Thos. K. Chambers, both of Mount Vernon, for the State.
A complaint was filed in a justice of the peace court charging Dan Haddon with the crime of 'driving and operating a motor vehicle on, over and across the public streets and highways while he, the said Dan Haddon, was under the influence of intoxicating liquor.'
He was arrested upon an arrest warrant and tried the next day after the crime was committed. He pleaded 'guilty,' on having the complaint read to him at the trial. Thereupon the testimony of three witnesses was taken, evidently pursuant to Rem. Rev. Stat. § 1931, which reads: 'No justice shall assess a fine, or enter a judgment thereon, until a witness or witnesses have been examined to state the circumstances of the transaction.'
A judgment, well within the provisions of the law fixing punishment for the crime, was entered against the defendant.
He then employed an attorney by whom he gave notice of appeal to the superior court and furnished an appeal bond, both of which were duly filed in the superior court.
It appears that he discharged that attorney and employed his present one, through whom he made and filed in the superior court a petition for leave, according to the prayer of his petition, to introduce testimony 'to the fact that said judgment of guilty being irregularly obtained under a mistake and introduced and procured without the defendant's knowledge of its effect and without his having been advised of his rights in any respect, and that said defendant be permitted and allowed to have a trial upon the merits of said cause, or that the said defendant be permitted to vacate the judgment in justice court, for the purpose of having a trial upon the merits herein.'
The petition was heard by the superior court upon testimony on behalf of the respective parties. The state at that hearing moved to dismiss the appeal for the lack of jurisdiction because of the plea of guilty in the justice of the peace court and the lack of collateral matters that might otherwise give the superior court jurisdiction.
A number of witnesses were examined as to what occurred at the trial Before the justice of the peace. The testimony showed without question that the defendant was twenty-three years of age, had been through the common schools, and just completed four years' service in the United States Navy. Further and on behalf of the state, the testimony was to the effect that the complaint (couched in plain language as it was) was read and explained to him; that he made no request of any kind of the justice of the peace; that upon suggestion of the justice of the peace the...
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Young v. Konz
...then appeal and de novo review can follow. State v. Eckert, supra; State v. Alberg, 156 Wash. 397, 287 P. 13 (1930); State v. Haddon, 179 Wash. 669, 38 P.2d 227 (1934); State v. Rose, supra. Finally, it would be a rare instance, indeed, where a defendant would not be afforded release on bai......
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Davis v. Burris
... ... or narcotic drugs, or who is a habitual user of narcotic ... drugs, who shall drive any vehicle upon any highway within ... this state, shall be guilty of a misdemeanor, and punished by ... imprisonment in the county jail for not less than thirty nor ... more than ninety days. No ... above set forth. In the state of Washington, under such a ... provision, it is held that an appeal will not lie ... State v. Haddon, 179 Wash. 669, 38 P.2d ... 227; State v. [51 Ariz. 227] Eckert, 123 ... Wash. 403, 212 P. 551. On the other hand, in the states of ... Utah and ... ...
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Burris v. Davis, Civil 3661
... ... and sentence on such plea, except perhaps upon jurisdictional ... questions. Stokes v. State, 122 Ark. 56, ... 182 S.W. 521; State v. Stone, 101 W.Va. 53, ... 131 S.E. 872; State v. Bergeron, 152 La ... 38, 92 So. 726; Browsky v. Perdue, ... forth. In the state of Washington, under such a provision, it ... is held that an appeal will not lie. State v ... Haddon, 179 Wash. 669, 38 P.2d 227; State ... v. Eckert, 123 Wash. 403, 212 P. 551. On the other ... hand, in the states of Utah and Texas a contrary view ... ...
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