13 Colo. App. 77 | Colo. Ct. App. | 1899
Defendant Walton was arraigned and prosecuted before the police magistrate of the plaintiff city upon three separate charges of violation of an ordinance prohibiting the sale of liquor within the city limits. He was found guilty, and a
The ordinance provided that for its violation a fine of not less than $50.00 nor more than $200 should be imposed for each offense. It is settled in this state that proceedings for the violation of town or city ordinances are civil actions. City of Greeley v. Hamman, 12 Colo. 94. In the first instance, before the police magistrate, these proceedings are of a summary character. The statute provides a- mode of procedure, and invests the police magistrate with summary power to hear and determine such matters without the intervention of a jury. In such proceedings, under ordinances like that in question, where the precise penalty is not fixed, but is left discretionary within certain limits, two things are to be determined, first, the guilt or innocence of the accused, and second, the amount of the penalty to be imposed according to the circumstances of each particular case. In trials in the first instance, the police magistrate determines both of these questions, he being empowered so to do by the statute. It is provided, however, that appeals may be taken from all judgments of the police magistrate to the county court of the county in which the city is situate. Laws, 1887, p. 861. The statute, however, does not provide any mode of procedure on the trial of such cases in the county court. It requires only that the trial shall be de novo, and of course it necessarily follows that the only form or mode of procedure to be followed is that generally prescribed for all actions in
We cannot see from its text that Deitz v. City of Central, 1 Colo. 328, is in point. That case arose under a special charter of the city of Central, and turned upon the question of the judicial power vested in justices of the peace by the organic act of the territory. The legislature since the adoption of our constitution not having prescribed any specific method of procedure in the trial of causes like this upon appeal to the county court, we cannot see how we can hold otherwise than that the same procedure shall be followed as is prescribed for ordinary civil actions in that court. We see no reason why the jury should not be invested with the power to fix the penalty as well as to determine the guilt, and we find nothing in the statute tending even to raise a presumption that the legislature intended to take that power from it and invest it in the court. For this error, the judgment will be reversed.
Reversed.