State v. Stotter
| Decision Date | 12 December 1946 |
| Docket Number | 7314 |
| Citation | 175 P.2d 402,67 Idaho 210 |
| Parties | STATE v. STOTTER |
| Court | Idaho Supreme Court |
Appeal from District Court, Third District, Ada County; Charles E Winstead, Judge.
Proceedings abated.
Charles F. Reddoch and James H. Hawley, both of Boise, for appellant.
The general rule is that a judgment for a fine imposed as a punishment for an offense is abated by the death of the defendant pending an appeal, and it can not be enforced after his death as a claim against his estate. 26 C.J. Sec. 17, p 1154; 36 C.J.S., Fines, § 7, page 786; 15 Am.Jur. Sec 552, p. 186; O'Sullivan v. People, 144 Ill. 604, 32 N.E. 192, 20 L.R.A. 143; United States v. Dunne, 9 Cir., 173 F. 254, 19 Ann.Cas. 1145; State v. Kreichbaum, 219 Iowa 457, 258 N.W. 110, 96 A.L.R. 1317; State v. Crump, 24 N.M. 331, 171 P. 502; Annotation: 96 A.L.R. 1324; 19 Ann.Cas. 1147; People v. St. Maurice, 166 Cal. 201, 135 P. 952; People v. Alexander, 101 Cal.App. 394, 281 P. 697.
Fred Langley, Atty. Gen., J. R. Smead, Asst. Atty. Gen., for the State.
A sentence in a criminal case is for the purpose of punishment of the offender and serves no other purpose, whereas a civil money judgment recovered by one person against another because of some breach of the civil law on the part of such other is for the purpose of compensating the one for the civil injury which he or his property rights has received. In a criminal case and the judgment entered there is no question or matter of compensation of anyone involved, merely the punishment of the convicted defendant, and since upon death the defendant is beyond the power of the Courts the entire proceeding abates. It will be found that the claim of a continuing civil liability collectible from the estate is expressly dealt with in the decisions and definitely negatived. Blackwell v. State, 185 Ind. 227, 133 N.E. 723; U. S. v. Dunne, Cir., 173 F. 254, 19 Ann.Cas. 1145; State v. Crump, 24 N.M. 331, 171 P. 502; Campagna v. Home Owners Loan Corp., 141 Neb. 429, 3 N.W.2d 750, 751.
The authorities are also collated in a note in 19 Ann.Cas. 1149, following a reproduction of the decision by our Circuit Court of Appeals in the Dunne case above cited.
James W. Blaine, Pros. Atty., and C. Stanley Skiles, City Atty., both of Boise, for respondent Boise City.
Chapter 40, Title 19, Idaho Code Annotated governs the proceedings concerning appeal from the Police Court to the District Court. I.C.A. § 19-4042 provides that upon appeal the case shall be tried anew. I.C.A. § 19-4043 provides that costs in both courts shall abide the event of trial in the District Court. I.C.A. § 19-4044 provides in part as follows:
(Italics mine.)
Under the provisions of this section, the Supreme Court has held that a judgment imposing a fine, upon appeal in the District Court, is the same as a civil judgment for the amount of the fine. State v. McAllister, 48 Idaho 251, 281 P. 7; In re Lucas, 17 Idaho 164, 104 P. 657; In re Walton, 17 Idaho 171, 104 P. 659.
The appellant, Fred E. Stotter, was, on February 25, 1946, charged with being in control of the premises known as the Spanish Village in Boise City, Idaho, and knowingly permitting thereon the sale of intoxicating liquors in violation of Section 4-805 of the Boise City Code of 1936. He was tried on such charge before the City Magistrate of such city, found guilty and given a jail sentence of 30 days in the city jail and a fine of $ 300 from which he duly appealed to the district court after posting a cash bond of $ 500.
The district court overruled his demurrer and denied a demand for a jury trial, and after a trial before the court without a jury, appellant was adjudged guilty and ordered imprisoned in the city jail for a period of 30 days and assessed a fine of $ 300.
From this latter judgment an appeal was duly taken to this court. After the case came to this court, and while still pending on appeal, the appellant died. Thereafter the Attorney General of Idaho and his assistant, J. R. Smead, Esq., of counsel for respondent, suggested that in view of appellant's death the appeal should be dismissed.
The City Attorney for Boise City, C. Stanley Skiles, Esq., also one of the attorneys of record for respondent, now moves that this court disregard the suggestion for dismissal of the appeal by associate counsel on the ground it was made without his knowledge and consent and that a dismissal of the appeal may jeopardize the rights of Boise City. It is the contention of such City that the part of the judgment of conviction which assessed a fine of $ 300 against appellant is in the nature of a civil liability which may be enforced against the undertaking which, in this case, is a cash deposit.
Section 19-4044, I.C.A., provides as follows:
In the case of State v. McAllister, 48 Idaho 251, 281 P. 7, this court, in construing the statute, held that a district court on conviction for petty larceny after appeal from the probate court properly entered a money judgment for the fine and cost against defendant's sureties.
In Re Lucas, 17 Idaho 164, 104 P. 657, 658, Justice Ailshie, in the majority opinion, said:
"We have no doubt but that it was the legislative intent, in enacting the former section" -- referring to what is now 19-4044, I.C.A. -- "That, upon conviction in the district court on appeal, any judgment there rendered and entered for a fine imposed by the district court, and for any and all costs, both in the district court and the inferior court, must be rendered and entered against the defendant and his sureties, in the same manner as judgment is entered in a civil action, and that thereupon execution must issue on such judgment."
It appears to be the almost universal rule that the death of a defendant pending appeal from a conviction in a criminal prosecution abates the appeal. Annotation in 96 A.L.R. 1322 to 1327. The portion of the judgment providing for a jail sentence necessarily abated upon the death of ...
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