80 Wash. 14 | Wash. | 1914
This is an appeal by the state of Washington from a judgment of the superior court of Adams county, setting aside and vacating certain proceedings had before a justice of the peace in that county.
On January 26, 1912, one M. H. Quirk filed a complaint before Fred Thiel, one of the justices of the peace in and for Ritzville precinct, in Adams county, charging the relator,
The first of these is the act of the justice of the peace in permitting a new complaint to be filed after the cause had reached him on the order for a change of venue. But clearly in doing so he acted within his powers. After the cause had been transferred to his court, he had the same power and authority over the subsequent proceedings as he would have possessed had the proceeding been originally commenced before him. He could allow a new complaint to be filed correcting the old one in any particular, even to allowing a change therein as to the offense charged against the defendant. He must, of course, give the defendant an opportunity to plead to the new complaint, and must allow him a reasonable time, if he demands it, to prepare his defense thereto, before putting him upon his trial, but the record shows that the justice complied with these requirements in the present instance. The defendant was permitted to plead to the complaint, and submitted to an order for trial without suggesting that he was unprepared for trial. There was, therefore, no irregularity or error in the proceeding in this respect, much less such an error as would be subject to review on certiorari, or that would amount to a loss of jurisdiction.
The second possible ground for a loss of jurisdiction is the action of the justice in discharging the jury after he had determined that they could not agree upon a verdict. The statute regulating the practice in justice’s courts is strangely silent as to the procedure that shall be followed in a contingency of this kind, and it does, moreover, provide that the
The next question is, did the court require the jury to deliberate for a sufficient length of time. Our own cases furnish authority for the principle that a trial court may discharge a jury in a criminal case, without prejudicing a further prosecution, when it appears that a reasonable time for deliberation has been allowed and a verdict has not been agreed upon and there is no probability of the jury agreeing upon a verdict. This we held in State v. Costello, 29 Wash. 366, 69 Pac. 1099; State v. Lewis, 31 Wash. 515, 72 Pac. 121; and State v. Barnes, 54 Wash. 493, 103 Pac. 792, 23 L. R. A. (N. S.) 932. But the cases proceed upon the theory—and such unquestionably is the general rule—that a premature discharge of the jury, that is to say, a discharge before it becomes reasonably certain that no agreement can be reached, will prejudice the right of a further prosecution. But while the rule is: undoubtedly applicable to a justice’s court, we think that the conclusion that the jury is unable to agree is properly reached in a trial in a justice’s court after a deliberation for a much shorter time than is permissible in a court of general jurisdiction. Aside from the fact that the issues for trial are usually more simple in the one court than in the other, the law contemplates that the proceedings shall be more summary. The crucial question, moreover, is not how long have the jury deliberated, but is rather, is there a probability of the jury reaching an agreement; and we think that, after jurors in a justice’s court have deliberated for more than an hour and have announced to the justice that they are unable to agree, and the justice, after questioning them, reaches the same conclusion, it would be too much to say, as a matter of law, that their discharge was equivalent to an acquittal of the defendant.
The judgment appealed from is reversed, and the cause remanded with instructions to quash the writ of certiorari and dismiss the application therefor.
Crow, C. J., Parker, Morris, and Mount, JJ., concur.