119 Wash. 667 | Wash. | 1922
— Certain iron piping was stolen from the Crane Company, a corporation. The prosecuting attorney of King county and special deputy sheriffs visited the place of business of I. Stratiner and J. Salzman, «junk dealers in Seattle, in an effort to find the stolen property. They found the property in possession of these parties, and later took it away. They also took away with them certain papers found in the junk company’s office, which papers, it is contended, tended to implicate the junk dealers. The prosecuting- attorney claimed that he made the search for the piping and papers and took them away with him with the consent of the junk dealers. Thereafter an information was sworn out against these men, charging them with the crime of grand larceny (concealing stolen property). When the case was finally called for trial, and before the jury was made up, the defendants presented a 'motion to the court to the effect that “upon the trial of this cause the plaintiff be prevented from using any of the articles named in the information herein (pipe and papers) as evidence.” This motion was supported and opposed by affidavits of the respective parties, showing the manner in which the pipe and papers were acquired by the prosecuting attorney’s office. After argument, the court orally announced that “this being a criminal case, the law must be strictly construed against the state and in favor of the defendants, and I think, under these conditions, and from the facts and authorities cited, I will have to grant the motion of the defendants. ” The court continued the trial of the case for thirty days in order that the state might bring the matter to this court for decision. Thereafter the pros-
Section 1002, Rem. Code (P. C. § 7418), is as follows:
“A writ of review shall be granted by any court, except a police or justice court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not according to the course of the common law, and there is no appeal, nor in the judgment of the court, any plain, speedy and adequate remedy at law.”
Subdivision 7 of §1716, Rem. Code (P. C. §7290), with reference to appeals, provides:
“.....But an appeal shall not be allowed to the state in any criminal action, except when the error complained of is in setting aside the indictment or information, or in arresting the judgment on the ground that the facts stated in the indictment or information do not constitute a crime, or is some other material error in law not affecting the acquittal of a prisoner on the merits.”
The state contends that the statute does not give it any right of appeal in a case of this character, and that it could not appeal from a ruling of the court during the trial of the case rejecting the evidence here involved ; that it will be unable to obtain any conviction
"While the ruling of the court was on a motion to suppress testimony, it amounts to nothing more than a ruling that certain testimony, if offered by the state, will be rejected. It amounts to a ruling of the court during the progress of the trial. We are asked to review an interlocutory order. Manifestly, under the broadest interpretation of the appeal or certiorari statutes, no review could be had of such a ruling. If, by this proceeding, we review an order of the court concerning the suppression of testimony, then we see no reason why, by means of similar procedure, we would not be required to review any and all non-appeal-able adverse orders that the court might make in a criminal case; such, for instance, as an order sustaining a demurrer to the information or indictment, or any ruling concerning the admissibility of testimony. It was never intended, in any kind of a case, that such things should be reviewed either by appeal or by writ of certiorari: We have held that certiorari will not lie to review an order striking an amended complaint. State ex rel. Mohr v. Superior Court, 54 Wash. 225, 103 Pac. 17. We will not review by certiorari any interlocutory order. State ex rel. Langley v. Superior Court, 73 Wash. 110, 131 Pac. 482; State ex rel. Ladd & Tilton Bank v. Superior Court, 117 Wash. 544, 201 Pac. 782.
But there is a still more fundamental reason for refusing to consider the merits of this matter: the appeal statute makes it perfectly plain, it seems to us, that the legislature intended to deprive the state of the power to have reviewed in this court any ruling or error whatsoever of the trial court in a criminal case,
The state claims that the case of State ex rel. Murphy v. Brown, 83 Wash. 100, 145 Pac. 69, is determinative in its favor of the question we are discussing. We think otherwise. The facts in that case were that one Brown was charged by information with the crime of attempting to corruptly influence an agent. The prosecuting attorney of King county claimed to have caught Brown in the act of committing the crime, and demanded of him the $1,000 which he was about to pay as a bribe, and also any papers in his possession throwing light upon the matter. In this manner the prose
The state also strongly contends that the case of State ex rel. Brown v. Brinker, 114 Wash. 47, 194 Pac. 574, supports its position here. The ruling in that case was based entirely on the case of Seattle v. Pearson, 15 Wash. 575, 46 Pac. 1053. In the Pearson case the facts were these: the defendant was charged with violating an ordinance of the city of Seattle. He demurred
In the Brinher case, supra, the facts were very similar to those in the Pearson case. Reviewing that case, we said:
“The general rule is that, in the absence of express statutory authority permitting it, the state, in criminal proceedings, has no right of appeal, nor the right to review of a decision or judgment in a criminal case after final judgment has been rendered in favor of the defendant, whether that judgment has been rendered upon a verdict of acquittal or upon the determination by the court of an issue of law.”
We also noted that the statute does not give any right of appeal from a justice court in any criminal proceeding. We, however, limited the use of certiorari in cases of that character, saying:
“For the reason that our statute (certiorari) is, as noted, broader in its scope and operation than that of other states, certiorari is permissible on behalf of the state or municipality to review the actions of the inferior courts, that is, municipal or justices’ of the peace courts, where, in criminal proceedings, those courts have discharged persons charged with crime, either by erroneously setting aside the complaint, or in arresting judgment on the ground that the facts*674 stated in the complaint did not constitute a crime, or. by committing some other material error in law not affecting the acquittal of a prisoner on the merits. ’ ’
We are not disposed to broaden the scope of that opinion. It is plain that its facts are not the same as those here.
The writ is denied.
. Parker, C. J., Fullerton, Tolman, and Mitchell, JJ., concur. •