127 Iowa 426 | Iowa | 1905
The petition was in two counts, the first alleging that the defendant had accused the plaintiff of the crime of larceny and had thus slandered her, and the second alleging that the defendant had instituted criminal proceedings against the plaintiff charging her with the same crime. The answer to both counts was a general denial. The jury found for the plaintiff on both counts, the sum of $800 on the first and $2,000 on the second. A motion for arrest of judgment and for a new trial was filed by the defendant. A new trial was denied, but the motion in arrest was sustained as to the finding on the first count of the petition, and the plaintiff was given leave to amend that count within a certain time. The motion was otherwise overruled, and a judgment was rendered against the defendant on the second count.
The plaintiff had been the defendant’s housekeeper during her absence from home, and on her return, and after the plaintiff had left, she discovered that certain personal property had been taken from the house, whereupon she laid the matter before the county attorney of Mahaska county, Mr. J. A. D'evitt, stated the facts to him and her belief that the property had been taken by the plaintiff, and asked him to have her arrested and prosecuted for the crime. Mr. Devitt, after several consultations with the defendant, had an information filed by a constable, and the plaintiff’s arrest fol
While it is true that, as to attorneys, such communications are oftener made by clients than by others we do not think there is any such limitation upon the operation of the statute, but that it matters not from whom tbe communication is received, if it be to a practicing attorney in bis professional capacity, and necessary for him to discharge tbe functions of bis office. Mr. Nanck was attorney for tbe State. What transpired at tbe time of tbe alleged offense was necessary and proper to enable him to discharge tbe duties of bis office. His client could not communicate with him, and all communications must be from third parties. But tbe statute nowhere fixes tbe communication to be privileged as between attorney and client, nor is it there by any legal inference.
.The rule thus announced was based upon tbe statute
It was said to Mr. Cook while he was State’s attorney, or prosecutor of crimes, for the county, and while he was acting in that capacity, if all this had taken place between Bircher and an attorney, consulted by him, who did not hold the public position which Mr. Cook did, clearly the communication would have been privileged. Under the circumstances shown, Mr. Cook was the professional adviser of Bircher, consulted by him, on a statement of his case, to leam his opinion as to whether there was ground in fact and in law for making an attempt to procure an indictment against Gruaz. The fact that Mr. Cook held the position of public prosecutor, and was not paid by Bircher for information or advice, did not destroy the relation which the law established between them. It made that relation more sacred on the ground of public policy.
But aside from the statute, we think the rule of exclusion should be applied to all matters concerning the administration of justice, on the ground of public policy. A county attorney is an officer whose duty it is to investigate crime and to prosecute therefor, not in the interest of the individual who may have suffered, but for the good of the state; and it is very clear#to us that it is not only the privilege, but the duty, of every citizen who knows of facts tending to show the commission of a crime, to communicate such information to the public officer whose duty it is to investigate the matter and to commence a criminal prosecution if a crime has been committed. Any other rule would hamper the administration of justice. A partfy having knowledge of facts
The appellant contends that errors were committed in receiving other testimony, but, as they are not likely to arise if the case should be again tried, we disregard them.
The motion to strike the first fifteen pages of the ap-pellee’s amendment to the abstract is sustained, and, for the errors discussed, the judgment is reversed.