State v. Wilson
| Decision Date | 07 March 1922 |
| Docket Number | No. 34511.,34511. |
| Citation | 193 Iowa 297,186 N.W. 886 |
| Parties | STATE v. WILSON. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Lee County; W. S. Hamilton, Judge.
Trial on indictment for the crime of escape from the penitentiary. Defendant was found guilty and sentenced to the penitentiary for an indeterminate period not to exceed five years and not concurring with his former sentence. Defendant appeals. Affirmed.J. M. C. Hamilton, of Ft. Madison, for appellant.
Ben J. Gibson, Atty. Gen., G. L. Norman, Co. Atty., of Keokuk, and R. N. Johnson, Deputy Co. Atty., of Ft. Madison, for the State.
DE GRAFF, J.
On April 12, 1921, the grand jury of Lee county, Iowa, returned an indictment against the defendant charging him with the crime of escape from the penitentiary. The state penitentiary of Iowa is located at Ft. Madison, Lee county, Iowa. The defendant was an inmate of said institution, but at the time of his escape was working under the custody and control of a deputy warden at the state farm at Knoxville, Marion county, Iowa. The facts are not in dispute, and but one question is presented on this appeal: Did the district court of Lee county have jurisdiction to try the defendant?
Section 4897a, Code Supp. 1913, provides that:
“If any person * * * escape from or leave without due authority any building, camp, farm, garden, city, town, road, street, or any place whatsoever in which he is placed or to which he is directed to go or in which he is allowed to be by the warden or any officer or employee of the prison whether inside or outside of the prison walls, he shall be deemed guilty of an escape.”
This section defines a crime known as escape from the penitentiary, and in the absence of statutory provision defining venue a person would be indictable and triable in the county from which he made his escape.
The escape as charged in the instant indictment was on the 21st day of May, 1919. Subsequently to the date of the escape as charged, but prior to the indictment and trial of the defendant, the Legislature of Iowa enacted chapter 83, Acts of the Thirty-Eighth General Assembly, amending section 4897a, Code Supp., as follows:
“The jurisdiction of an indictment for the crime of escape * * * is in the county in which is located the penitentiary or reformatory to which the person charged with such escape has been committed, or in the county in which is located the building, camp, farm, garden, city, town, road, street, or any place in which he is placed or to which he is directed to go or in which he is allowed to be by the warden or any officer or employee of the prison, wherefrom he is charged with escaping.”
This act was approved March 20, 1919, and became law July 4, 1919.
It is the contention of appellant that the defendant could not be put on trial in Lee county under the new statute, because the law defining venue, not being in effect at the time of the commission of the crime charged, is ex post facto.
It therefore becomes necessary to briefly examine the nature of an ex post facto law. Does it, in any of its definitions involve a change in the place of trial of an alleged offense after the commission of said offense? Chief Justice John Marshall, in Fletcher v. Peck, 6 Cranch, 138, 3 L....
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