State v. Williams

• Decision Date: 06 February 1923
• Docket Number: 35090
• Parties: STATE OF IOWA, Appellee, v. HARRY WILLIAMS et al., Appellants
• Court: Iowa Supreme Court

191 N.W. 790

195 Iowa 374

STATE OF IOWA, Appellee, v. HARRY WILLIAMS et al., Appellants

No. 35090

Supreme Court of Iowa, Des Moines

February 6, 1923

Appeal from Black Hawk District Court.--GEORGE WOOD, Judge.

DEFENDANTS were jointly indicted for the crime of liquor nuisance. The opinion states the facts. Judgment as to defendant Williams ordered--Modified and affirmed. Judgment as to defendant Munson--Reversed and remanded.

Williams and the judgment as to him therefore affirmed with directions. Cause reversed and remanded as to defendant Munson.

John H Meyers, for appellants.

Ben J Gibson, Attorney-general, for appellee.

DE GRAFF, J. PRESTON, C. J., WEAVER and STEVENS, JJ., concur.

OPINION

DE GRAFF, J.

The defendants were jointly indicted for the crime of liquor nuisance. The defendant Williams entered a plea of guilty and thereupon judgment was entered imposing "a fine of $ 1,000 and the costs of this action, including an attorney fee of $ 50, taxed in favor of the county attorney, and on default of the payment of said fine and costs, the defendant shall stand committed to the jail of Black Hawk County, Iowa until the same are paid, as provided by law."

The defendant Munson appeared in person in open court with his attorney in answer to the crime charged in the indictment and waived trial to the jury and the cause was tried to the court "on the pleadings, proofs, and testimony introduced."

Thereupon the trial court found the defendant Munson guilty of the crime charged in the indictment and pronounced sentence imposing a fine of $ 500 together with the costs of the action including an attorney fee of $ 50, taxed in favor of the county attorney, and in default of the payment of said fine and costs the defendant to stand committed to the county jail of Black Hawk County, Iowa until said fine and costs are paid, as provided by law. Judgment was entered accordingly. Both defendants appeal.

I. No difficulty presents itself under the declared law of this state in relation to the appeal of defendant Munson. He could not waive a trial by jury, and therefore the court had no jurisdiction to try the cause and enter judgment. State v. Carman, 63 Iowa 130, 18 N.W. 691; State v. Rea, 126 Iowa 65, 101 N.W. 507.

Munson's appeal must be sustained and the judgment entered reversed and it is so ordered.

II. Defendant Williams contends for a reversal on the grounds (1) that the court was without jurisdiction to imprison him for default in the payment of costs or until fine and costs are paid and (2) that the judgment entered by the court against him is uncertain and indefinite in that there is no period of time fixed by the judgment for imprisonment.

The instant judgment is not void by reason of the imposition of imprisonment in the county jail for nonpayment of a fine and costs. Under the provisions of Code Section 2384 a person convicted for the crime of maintaining a liquor nuisance is subject to the payment of a fine of not less than $ 300 nor more than $ 1,000 and costs of prosecution, which shall include a reasonable attorney's fee to be taxed by the court, "and stand committed to the county jail until such fine and costs are paid."

The trial court acted within the purview of ...