McReynolds v. Municipal Court of the City of Ottumwa

207 N.W.2d 792, 1973 Iowa Sup. LEXIS 1041
CourtSupreme Court of Iowa
DecidedMay 23, 1973
Docket55528
StatusPublished
Cited by10 cases

This text of 207 N.W.2d 792 (McReynolds v. Municipal Court of the City of Ottumwa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McReynolds v. Municipal Court of the City of Ottumwa, 207 N.W.2d 792, 1973 Iowa Sup. LEXIS 1041 (iowa 1973).

Opinions

REES, Justice.

This matter comes to us as an original proceedings in certiorari to determine the validity of an order of the Municipal Court of Ottumwa and the Wapello District Court for the forfeiture of one certain 1966 model 260 “B” Bellanca airplane bearing registration number N8S46R, the property of the plaintiff.

Plaintiff was arrested in Wapello County on September 17, 1970, and charged with unlawful possession of marijuana in violation of section 204.2, The Code, 1966. He was tried and convicted and appealed to this court, and the judgment of conviction was affirmed on February 25, 1972. See State v. McReynolds, 195 N.W.2d 102 (Iowa 1972).

When arrested plaintiff was in the airplane above described and the marijuana [794]*794seized was also in the aircraft. Following the affirmance of judgment of conviction of this court, the forfeiture matter proceeded, resulting in the decree of the Wa-pello District Court directing and ordering the forfeiture of the airplane to the State, as authorized by section 204.11(3), and chapter 127, The Code, 1966.

The forfeiture proceedings were initially instituted in the Municipal Court of Ot-tumwa which ordered forfeiture of the plane, and subsequently the State of Iowa filed its application in the Wapello District Court to determine the legality and priority of certain claims to the aircraft. The proceedings in the district court were abated awaiting the determination of the appeal in the criminal matter, and on March 14, 1972 the decree of the Wapello District Court directing forfeiture was entered.

Plaintiff advances two grounds on which he relies for the sustaining of the writ of certiorari:

(1) The Municipal Court and the District Court were without legal authorization to declare forfeiture of the Bellanca aircraft since an aircraft is not within the meaning of “any automobile or other vehicle” specified by section 204.11, Code of Iowa, 1971; and

(2) The forfeiture ordered by the Municipal Court and the District Court under section 204.11(3), The Code, 1971, was in error in that such action deprived plaintiff of his property without due process of law, contrary to the Fourteenth Amendment to the Constitution of the United States.

I. Plaintiff contends section 204.11(3), The Code, 1971, did not as a matter of law permit the forfeiture of the airplane because the same is not an “automobile or other vehicle”. Section 204.11(3) provides :

“Any automobile or other vehicle used, or intended to be used, to conceal, convey, carry, or transport in violation of this chapter any of the drugs defined in section 204.1, or any automobile or vehicle in which any of the drugs defined in said section are unlawfully possessed by an occupant with the knowledge of the owner thereof, shall be forfeited to the state, under the provisions of chapter 127.”

As noted above, the statute under which the forfeiture proceedings were commenced and maintained does not specifically provide for the forfeiture of airplanes or aircraft. We are therefore faced with the responsibility, as was the trial court, to construe the statute and to determine whether or not airplanes or aircraft come within the fair intendment of the statute permitting forfeiture. We recognize the general rule that penal statutes are to be strictly construed and should not be held to include charges plainly without the scope and intendment of the language of the statute, although within its reason and policy, and all doubts should be resolved in favor of the plaintiff in such case. However we recognize also the corollary rule that statutes are not to be construed so strictly as to defeat the obvious intention of the legislature, and that the general rule should not be applied to narrow the words of the statute to the exclusion of cases in which such words in their ordinary use or in the sense in which the legislature used them, would be defeated. See 36 Am.Jur.2d, Forfeitures, § 8, page 615; State v. Leonard, 255 Iowa 1365, 124 N.W.2d 429; State v. Nelson, 178 N.W.2d 434 (Iowa 1970).

In construing statutes, and words used therein in the sense in which such words were used, the court may properly consider the objects and purposes of the statute. State v. Lindsey, 165 N.W.2d 807, 810 (Iowa 1969); State v. Robinson, 165 N.W.2d 802, 805 (Iowa 1969).

Within the ambit of the foregoing rules we now proceed to a construction of the statute in question here.

[795]*795Plaintiff first contends the definition of “motor vehicle” or “vehicle” in section 321.1, The Code, does not include aircraft. Chapter 321 is entitled, “Motor Vehicles and Law of Road”. Section 321.1 of said chapter expressly provides that the definition of vehicles or motor vehicles “for the purpose of this chapter, have the meanings respectively ascribed to them.” We conclude therefore the definition of a vehicle or motor vehicle in section 321.1 relates only to vehicles moving over or designed and intended to move over the public highways of this state, and is not in any sense related to the provisions of chapter 204, The Code, 1971, or the use of the ■ words “automobile” or “other vehicle” as used in chapter 204.

Likewise, the definition of an aircraft in section 328.1, The Code, 1971, has reference only to the use of said term for the purposes of chapter 328 which provides for the organization of the Iowa Aeronautics Commission and fixes the limitations of its duties and authority.

Webster’s Third New International Dictionary (G. & C. Merriam Co. 1971) defines “vehicle” as: “a means of carrying or transporting something: CONVEYANCE: as a: a carrier of goods or passengers.” It also makes reference to “aerial vehicles such as airplanes * * ”. Webster’s New International Dictionary, 2d Ed., defines “vehicle” as “That in or on which a person or thing is or may be carried from one place to another, especially along the ground, also through the air; any moving support or container fitted or used for the conveyance of bulky objects; a means of conveyance.”

The second definition, that is, the one set out above from Webster’s New International Dictionary, 2d Ed., has been referred to in State v. Johnston, 252 Iowa 335, 338, 105 N.W.2d 700, 701; Moffitt v. State Auto Ins. Ass’n, 140 Neb. 578, 300 N.W. 837; and see citations collected in Words & Phrases, Permanent Edition, Vol. 44, pages 145-159.

We agree with plaintiff that chapter 204, The Code, 1971, does not (in section 204.11(3) ) define the term “vehicle”. In construing the statute, however, we are obligated to employ the rule set out in section 4.1(2), The Code, which directs us to construe words and phrases according to the context and the approved usage of the language. The cases above cited are indicative to us of the fact the word “vehicle” has come to be applied to aircraft in the ordinary lexicon.

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McReynolds v. Municipal Court of the City of Ottumwa
207 N.W.2d 792 (Supreme Court of Iowa, 1973)

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207 N.W.2d 792, 1973 Iowa Sup. LEXIS 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcreynolds-v-municipal-court-of-the-city-of-ottumwa-iowa-1973.