State v. Superior Court for Grays Harbor County

• Decision Date: 08 June 1927
• Docket Number: 20675.
• Citation: 256 P. 784,144 Wash. 71
• Parties: STATE ex rel. WAGNER v. SUPERIOR COURT FOR GRAYS HARBOR COUNTY et al.
• Court: Washington Supreme Court

256 P. 784

144 Wash. 71

STATE ex rel. WAGNER v. SUPERIOR COURT FOR GRAYS HARBOR COUNTY et al.

No. 20675.

Supreme Court of Washington, En Banc.

June 8, 1927

Application for habeas corpus by the State of Washington, on the relation of Al Wagner, filed in the Superior Court for Grays Harbor County, Hon. W. E. Campbell, Judge. Judgment sustaining a demurrer, and relator appeals. Reversed with directions.

Wm. M Baumert, of Aberdeen, for relator.

Austin M. Wade, of Aberdeen, for respondents.

ASKREN, J.

The petitioner, Wagner, with two others, was tried before the Honorable John B. Orton, justice of the peace at Aberdeen, on the charge of unlawful possession of elk meat, elk teeth, and other parts of elk. After a trial, all of the defendants were found guilty and a fine of $250 imposed on each of the defendants. Two of the defendants paid their fines. The relator, being unable to pay his, was imprisoned in the county jail.

On the 3d day of May, 1927, relator filed his petition for a writ of habeas corpus in the superior court, alleging his illegal restraint upon the ground that the justice court had no jurisdiction to try him for the offense charged. A demurrer was filed to the petition, which was sustained by the court.

The statute under which relator was prosecuted is section 57, c 178, Session Laws of 1925. That section provides for a fine of not less than $250, nor more than $1,000 for the offense of which relator was convicted.

Section 46, Rem. Comp. Stats. provides as follows:

'Justices of the peace shall have jurisdiction concurrent with the superior courts of all misdemeanors and gross misdemeanors committed in or which may be tried in their respective counties: Provided, that justices of the peace in cities of the first class shall in no event impose greater punishment than a fine of five hundred dollars, or imprisonment in the county jail for six months; and justices of the peace other than those elected in cities of the first class shall in no event impose greater punishment than a fine of one hundred dollars, or imprisonment in the county jail for thirty days.'

It will be seen from this statute that the justice of the peace before whom the case was tried, not being a justice of the peace in a city of the first class, was empowered by law to assess a fine for the violation of state laws of not more than $100 or imprisonment in the county jail for not more than 30 days.

It seems...