State v. Noble

• Decision Date: 23 March 1933
• Docket Number: 5864
• Citation: 20 P.2d 447,52 Idaho 782
• Parties: STATE, Respondent, v. ROBERT NOBLE, Jr., Appellant
• Court: Idaho Supreme Court

20 P.2d 447

52 Idaho 782

STATE, Respondent, v. ROBERT NOBLE, Jr., Appellant

No. 5864

Supreme Court of Idaho

March 23, 1933

APPEAL AND ERROR-APPEALABLE JUDGMENTS AND ORDERS-COMMITMENT TO INSANE ASYLUM.

No appeal lies from commitment to insane asylum as an inebriate since commitment is not "final judgment," and legislature has not provided for appeal in such proceeding (I. C. A., secs. 11-201, 64-216).

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Koelsch, Judge.

Appeal from a commitment in an inebriety proceeding. Dismissed.

Appeal dismissed.

Wm Healy, for Appellant, cities no authorities.

Fred. J. Babcock, Former Attorney General, Z. Reed Millar, Former Assistant Attorney General, Bert H. Miller, Attorney General and Ariel L. Crowley, Assistant Attorney General, for Respondent.

It is well settled that the proceeding followed in this case is paternal in character and in no sense penal. (In re Hinkle, 33 Idaho 605, 196 P. 1035; In re Tierney, 51 Idaho 279, 5 P.2d 539.)

The order of commitment is not a judgment or final determination of any of the issues of fact, so as to make the commitment res judicata. (In re Hinkle, supra.)

MORGAN J. Givens, Holden, Wernette, JJ., and Sutphen, D. J., concur.

OPINION

MORGAN, J.

This matter is before the court on appeal from an order committing appellant to an insane asylum, as an inebriate, pursuant to Idaho Code Annotated, sec. 64-216, which provides for the arrest of one accused of dipsomania or inebriety, and for hearing upon the accusation before the court, or the judge thereof, and that:

"The judge, after such hearing and examination, if he believes the person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, must make an order that he be confined in one of the state insane asylums which shall be designated in said order . . . . "

"The section further provides that:

"The said court, or the judge thereof, shall commit such person for a definite period, not to exceed two years, but provided that he may be paroled or released under the same rules and conditions that the insane are paroled and released."

Appeals to the supreme court from a district court, generally, are provided for in Idaho Code Annotated, sec. 11-201. Provision is made for appeals from final judgments, as follows:

"From a final judgment in an action or special proceeding commenced in the court in which the same is rendered; from a judgment rendered on an appeal from an inferior court; from a judgment rendered on an appeal from an order, decision or action of a board of county commissioners."

Appeals are also provided for from orders, specified in the section, but there is no authority therein contained for an appeal from the order of commitment in a proceeding of this kind.

Such an order cannot be construed to be a final judgment. This court said in In re Hinkle, 33 Idaho 605, 196 P. 1035, which was an inebriety proceeding:

"The inquisition held under this statute is neither a case at law or in equity, nor the appointment of a guardian, within the meaning of those terms as used in article 5. (of Idaho constitution) The order of commitment is not a judgment or final...