City of Spokane v. Smith

Citations

• 37 Wash. 583
• 79 P. 1125
• 1905 Wash. LEXIS 772

Syllabus

<p>Municipal Corporations — Ordinances—Costs in Police Court —Approval of Cost Bill by City Attorney. An ordinance designating a fund from which to pay the witnesses subpoenaed by the city in police court trials, is not invalid by reason of failing to provide for payment of the defendant’s witnesses, since mere silence as to defendant’s witnesses does not negative the liability therefor provided by statute.</p> <p>Same — Courts—Criminal Law — Violation of Ordinance— Criminal Proceeding. A proceeding in a police court for the violation of an ordinance, by which one is arrested and restrained of his liberty, is a criminal proceeding.</p> <p>Same — Appeal—Right to Jury Trial on Appeal Prom Police to Superior Court. Laws 1903, p. 34, providing for the right of appeal from the police court to the superior court, carries the right to a full trial by jury, and is not limited merely to review • for error.</p> <p>Municipal Corporations — Prosecution for Violation of Ordinances — Liability for Costs in Police Court — Acquittal of Defendant — Same Costs in Superior Court. Where defendant is acquitted in the police court upon a charge of violating an ordinance, the city is liable for all costs, under Bal. Code, § 1627, and when he appeals from a conviction to the superior court and is there acquitted, he is entitled to the same costs, especially in view of Bal. Code, § 7009, providing that no prisoner who is acquitted shall he liable for costs.</p> <p>Appeal and Error — Jurisdiction in Mandamus Irrespective of Amount in Controversy or Validity of Statute. Upon an appeal from an order made in a proceeding in the nature of mandamus, compelling a city attorney to approve a cost bill, the supreme court has jurisdiction irrespective of the amount in controversy, and although the validity of a statute is not involved.</p> <p>Municipal Corporations — Ordinances—Costs in Police Court —Approval of Cost Bill by City Attorney. Under an ordinance designating a fund from which to pay the wi