168 P. 97 | Utah | 1917
This is a proceeding in habeas corpus. The petitioner was charged in the municipal court of Ogden with the crime of drunkenness in Weber County, but the complaint did not state that the crime was committed in any one of the places specifically named in section 21 of the act prohibiting the manufacture and use of intoxicating liquors, etc, Ch. 2, Sess. Laws 1917. The petitioner pleaded guilty to the offense charged and was sentenced to pay a fine of $50, and in default of payment to be imprisoned in the county jail at the rate of $1 per day for every dollar of fine. The fine was not paid and the defendant was imprisoned. Sentence was rendered on the 21st of September, 1917, but was not entered of record until the 27th day of the same month, the date on which the petition was filed in this court.
The petitioner relies upon two points: (1) That, by reason of the judgment not being entered within two days after the plea of guilty, the court lost jurisdiction of the case; (2) that there is no statute which makes drunkenness a crime, except where it occurs in one of the places specifically named in section 21 above mentioned. It is manifest that if either of these contentions is true the court was without jurisdiction, the sentence was illegal, and the petitioner should be discharged.
The petition itself admits that the sentence was rendered by the court. It is also, in effect, admitted that the complaint is sufficient, if there is any law making drunkenness a crime outside of the places mentioned.
“After a plea or verdict of guilty, or after a verdict against the defendant, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, unless the defendant waives the postponement, or the judgment is arrested, or a new trial granted. If postponed, the court may hold the defendant to bail to appear for judgment. Unless such postponement is demanded, it shall be deemed to be waived. ’ ’
In this case there was no demand; postponement was, therefore, waived, and sentence rendered immediately. It will be noted that the section quoted says nothing about entering the judgment of record; nor do we find any specific requirement to that effect in any section of the code of criminal procedure. Nevertheless, to enter the judgment of record, as soon as practicable after sentencing the prisoner was the prudent thing to do, and the same should have been done in this ease. For failure to do so, however, the court did not lose jurisdiction of the case, and the sentence did not thereby become illegal. 15 R. C. L., p. 578; Coleman et al. v. Roberts, 113 Ala. 323, 21 South. 449; Hall v. Tuttle, 6 Hill (N. Y.) 38, 40 Am. Dec. 382, and note; Sibley v. Howard, 3 Denio (N. Y.) 72, 45 Am. Dec. 448; Hickey v. Hinsdale, 8 Mich. 273, 77 Am. Dec. 450, and note; Holmes v. Pennsylvania R. Co., 74 N. J. Law, 469, 66 Atl. 412, 12 Ann. Cas. 1031; 23 Cyc. 838, par. E; 23 Cyc. 839, par. 3. Besides this, the procedure relating to justices ’ courts pertinent to this case is a part of the Code of Criminal Procedure, and chapter 55 of that Code (Laws 1907, section 5080) provides as follows:
“Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein shall render it invalid, unless it shall have*453 actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.”
We cannot perceive wherein the failure to enter judgment of record prejudiced the petitioner in any substantial right. The court did not thereby lose jurisdiction, nor was the sentence, if valid when rendered, thereby rendered invalid or illegal.
The second proposition upon which petitioner relies is of vastly more importance because, if petitioner’s contention is sound, the ultimate purpose and very object of the law passed by the last Legislature known as the Prohibition Law will be rendered almost entirely abortive and ineffectual.
Section 21 of the statute above referred to, and under which the complaint was drawn, reads as follows:
“Any person who shall, in any street or alley, public place, store, restaurant, hotel lobby or parlor, or in or upon any passenger coach, street car, or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station, or room, or at any public gathering, drink any intoxicating liquors of any kind, or shall be drunk or intoxicated, shall be deemed guilty of a misdemeanor.”
The contention of petitioner is that to be drunk or intoxicated under that section constitutes a crime only when it occurs in some one of the places specifically named; while the respondent contends there are two offenses created by the section, one, for drinking only, which must occur at some one of the places named, and the other, for being drunk or intoxicated, which may occur at any place, whether public or otherwise.
This court, in view of the circumstances and conditions enumerated, cannot approve of the construction contended for by petitioner. If the Legislature really intended the law to mean what the petitioner contends, it was not as happy in its mode of expression as it might have been had it used a simpler and more natural arrangement of the language used to express
We are unanimous in our opinion that the statute in question makes drunkenness and intoxication by the use of intoxicating liquors a crime, wherever and whenever it may occur at any place in the state.
It is therefore ordered that the writ be denied.