State v. Rath, Nos. 51830

CourtUnited States State Supreme Court of Iowa
Writing for the CourtMASON; All Justice concur, except BECKER
PartiesSTATE of Iowa, Appellee, v. Thomas C. RATH, Appellant.
Decision Date11 January 1966
Docket NumberNos. 51830,51831

Page 468

139 N.W.2d 468
258 Iowa 568
STATE of Iowa, Appellee,
v.
Thomas C. RATH, Appellant.
Nos. 51830, 51831.
Supreme Court of Iowa.
Jan. 11, 1966.

[258 Iowa 569]

Page 469

Martin D. Hill and O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., and Robert W. Burns, County Atty., Dubuque, for appellee.

MASON, Justice.

April 5, 1965, defendant Thomas C. Rath was found guilty upon his plea of guilty of the crime of breaking jail and escaping in violation of section 745.8, Code, 1962. He was sentenced by the Dubuque County district court to be confined in the state reformatory at Anamosa for a term not exceeding one year. The same day the court revoked a suspended sentence previously granted on a conviction of breaking and entering and ordered defendant confined in accordance with its original judgment.

[258 Iowa 570]

Page 470

Defendant appeals, seeking review of the jail-breaking conviction and of the trial court's order revoking the suspended sentence for breaking and entering.

March 4, 1964, defendant had been found guilty upon his plea of guilty to the crime of breaking and entering in violation of section 708.8, Code, 1962, and sentenced to the state penitentiary for a term not to exceed ten years. The same day the court suspended execution of the sentence, pending defendant's good behavior, Code section 247.20, and placed him under the care, supervision and control of the state board of parole, section 247.21(2).

November 27, 1964, defendant was placed in the Dubuque County jail by an agent of the state board of parole as the result of a probation violation.

December 7, 1964, defendant was not found in the county jail and on December 9 he was charged by county attorney's information with breaking jail and escaping, Code section 745.8.

March 3, 1965, defendant filed a motion to set aside the county attorney's information on the grounds the evidence as shown by the assistant county attorney's bill of particulars revealed defendant's acts did not constitute the offense charged as defendant was not lawfully confined in the county jail upon a proper criminal charge at time of his alleged escape, the information shows upon its face defendant was falsely imprisoned and illegally deprived of his liberty and such unlawful confinement constituted a complete defense and bar to the offense charged inthe information.

March 10, 1965, the trial court overruled defendant's motion, holding he was confined in jail for breaking and entering of which he had been convicted and sentence had been suspended. March 30, 1965, defendant changed his plea from not guilty to guilty and on April 5 the court found defendant guilty and his plea and sentenced him to the state reformatory at Anamosa for a term not exceeding one year. On the same day the court revoked defendant's suspended sentence of March 4, 1964, and ordered him confined in the state penitentiary at Fort Madison for a term of not more than ten years. In its order the court found that on March 30, 1965, defendant pleaded guilty to the [258 Iowa 571] breaking jail and escaping charge in violation of the condition of his parole requiring good behavior.

Defendant contends the court erred: (1) In holding he was lawfully confined in Dubuque County jail at the time of his alleged escape without (a) a written order from the state board of parole, (b) revocation of his suspended sentence, and (c) an...

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11 practice notes
  • Cole v. Holliday, No. 53540
    • United States
    • United States State Supreme Court of Iowa
    • October 14, 1969
    ...person has no right to such a notice or hearing prior to revocation. Curtis v. Bennett, supra, 256 Iowa 1164, 131 N.W.2d 1; State v. Rath, 258 Iowa 568, 139 N.W.2d 468; Pagano v. Bechly, 211 Iowa 1294, 232 N.W. 798; Lint v. Bennett, 251 Iowa 1193, 104 N.W.2d 564, and citations; Rose v. Hask......
  • Morrissey v. Brewer, No. 20328
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 21, 1971
    ...that there is no constitutional right to a hearing in revocation proceedings (Cole v. Holliday, 171 N.W.2d 603 (Iowa 1969); State v. Rath, 258 Iowa 568, 139 N.W.2d 468 (1966); Curtis v. Bennett, 256 Iowa 1164, 131 N.W.2d 1 (1964), cert. denied, 380 U.S. 958, 85 S.Ct. 1096, 13 L.Ed.2d 974 (1......
  • State v. Kittelson, No. 52889
    • United States
    • United States State Supreme Court of Iowa
    • January 14, 1969
    ...counsel. The appeal was submitted to this court on clerk's transcript and affirmed by per curiam opinion dated January 11, 1966, Iowa, 139 N.W.2d 468. Subsequently, on petition for writ of habeas corpus, the district court for the first judicial district held defendant had been denied an ap......
  • State v. Cullison, No. 53491
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1970
    ...back the prison walls for the prisoner, allowing him wider mobility and personal opportunity while serving his sentence. State v. Rath, 258 Iowa 568, 573, 139 N.W.2d 468, 471; State v. Byrnes, 260 Iowa 765, 771, 150 N.W.2d 280, Section 247.9, Code 1966, provides: 'All paroled prisoners shal......
  • Request a trial to view additional results
11 cases
  • Cole v. Holliday, No. 53540
    • United States
    • United States State Supreme Court of Iowa
    • October 14, 1969
    ...person has no right to such a notice or hearing prior to revocation. Curtis v. Bennett, supra, 256 Iowa 1164, 131 N.W.2d 1; State v. Rath, 258 Iowa 568, 139 N.W.2d 468; Pagano v. Bechly, 211 Iowa 1294, 232 N.W. 798; Lint v. Bennett, 251 Iowa 1193, 104 N.W.2d 564, and citations; Rose v. Hask......
  • Morrissey v. Brewer, No. 20328
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 21, 1971
    ...that there is no constitutional right to a hearing in revocation proceedings (Cole v. Holliday, 171 N.W.2d 603 (Iowa 1969); State v. Rath, 258 Iowa 568, 139 N.W.2d 468 (1966); Curtis v. Bennett, 256 Iowa 1164, 131 N.W.2d 1 (1964), cert. denied, 380 U.S. 958, 85 S.Ct. 1096, 13 L.Ed.2d 974 (1......
  • State v. Kittelson, No. 52889
    • United States
    • United States State Supreme Court of Iowa
    • January 14, 1969
    ...counsel. The appeal was submitted to this court on clerk's transcript and affirmed by per curiam opinion dated January 11, 1966, Iowa, 139 N.W.2d 468. Subsequently, on petition for writ of habeas corpus, the district court for the first judicial district held defendant had been denied an ap......
  • State v. Cullison, No. 53491
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1970
    ...back the prison walls for the prisoner, allowing him wider mobility and personal opportunity while serving his sentence. State v. Rath, 258 Iowa 568, 573, 139 N.W.2d 468, 471; State v. Byrnes, 260 Iowa 765, 771, 150 N.W.2d 280, Section 247.9, Code 1966, provides: 'All paroled prisoners shal......
  • Request a trial to view additional results

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