State v. Lyte

• Decision Date: 10 January 1930
• Docket Number: 4890
• Court: Utah Supreme Court
• Parties: STATE v. LYTE

284 P. 1006

75 Utah 283

STATE v. LYTE

No. 4890

Supreme Court of Utah

January 10, 1930

Appeal from District Court, Third District, Salt Lake County; O. W McConkie, Judge.

Sam Lyte was convicted of possession of intoxicating liquor, and he appeals.

Appeal dismissed.

McCullough & Callister, of Salt Lake City, for appellant.

George P. Parker, Atty. Gen., and Lawrence A. Miner, Asst. Atty Gen., for the State.

STRAUP J. CHERRY, C. J., and ELIAS HANSEN, EPHRAIM HANSON, and FOLLAND, JJ., concur.

OPINION

STRAUP, J.

This is a criminal action. It was commenced in the city court of Salt Lake City by the filing of a complaint wherein Lyte was charged with the possession of intoxicating liquor "on the 9th day of November, 1928, at the County of Salt Lake State of Utah," in violation of a statute of the state. On a trial in the city court he was convicted and appealed to the district court. There the case was tried de novo before a jury and the defendant again convicted. From the judgment rendered and entered in the district court, he, on a bill of exceptions and a transcript of all the proceedings had in the district court, prosecutes an appeal to this court.

At the threshhold he is met with a motion to dismiss the appeal on the ground that the judgment in the district court was final and nonappealable. The motion is resisted on the stated ground that by the record it is shown that at the trial guaranteed constitutional rights of the defendant were invaded and disregarded, and hence to deny him a review of such proceedings by appeal is to deny him constitutional as well as all remedial rights.

The proceedings complained of are rulings of the district court whereby the state, over the objections of the defendant, was permitted to give evidence with respect to claimed offenses similar to that charged, one prior to the charged offense and one subsequent thereto, of both of which the defendant, on trials thereof prior to the trial of the offense charged in this case, was acquitted before a court of competent jurisdiction. It thus is contended that by such rulings the defendant, without notice, was again put on trial of such other offenses; and in addition that his constitutional right not to be twice put in jeopardy for the same offense was denied and invaded.

The record shows that over the objections of the defendant the state was permitted to give evidence respecting such other claimed offenses and of which he was acquitted, as fully and to the same extent as would have been permissible had the defendant been on trial of such offenses. Though it be assumed that such rulings were erroneous and unwarranted, and as prejudicially affecting substantial rights of the defendant, yet the question is: What power or authority have we, under the Constitution or the statute, to review them and grant relief?

To support the contention of the defendant that we have such power, section 12 of article 1 of the state Constitution is pointed to, that "in criminal prosecutions the accused shall have the right * * * to demand the nature and cause of the accusation against him, * * * and the right to appeal in all cases * * * nor shall any person be twice put in jeopardy for the same offense," and the point made that the statute, section 1668, Comp. Laws Utah 1917, and section 1717 as amended by Sess. Laws Utah 1919, c. 34, p. 63, providing that on appeals taken from a justice court or from a city court to the district court the decision of the district court "shall be final, and no appeal shall lie therefrom," unless the validity or constitutionality of a statute or an ordinance is involved, is unconstitutional; and that the Legislature is without power to prohibit or impair remedies for wrongs in violation of constitutional rights. He further asserts that in the absence of any legislative remedy for such wrongs, courts will resort to the common law, if it affords a remedy, and, if not, then the court, in virtue of its inherent power and of its duty in criminal cases to guard the rights of persons, will devise a remedy to meet new conditions and to supply a remedy for such wrongs, in support of which State v. Morgan, 23 Utah 212, 64 P. 356, is cited. However, there is another provision of the state Constitution (article 8, § 9) which relates to appeals, and by which, among other things, it is provided that "appeals shall also lie from the final judgment of justices of the peace in civil and criminal cases to the District Courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law; and the decision of the District Courts * * * shall be final, except in cases involving the validity or constitutionality of a statute."

When all of the provisions of the Constitution on the subject are considered, the contention that the statute in the particular claimed is unconstitutional is not well founded, for the finality declared by the statute as to a judgment of a district court in a criminal case appealed to it from a justice or city court is also, in effect, declared by the Constitution, unless the validity or constitutionality of a statute is involved. The restrictive provision of the statute as to an appeal in such case to this court thus is not an abridgment nor in contravention of, but is within constitutional provisions. And because of such constitutional statutory provisions this court several times has...