State v. Aldrich

231 N.W.2d 890, 81 A.L.R. 3d 1062, 1975 Iowa Sup. LEXIS 1167
CourtSupreme Court of Iowa
DecidedJuly 31, 1975
Docket57150
StatusPublished
Cited by40 cases

This text of 231 N.W.2d 890 (State v. Aldrich) 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.

Bluebook
State v. Aldrich, 231 N.W.2d 890, 81 A.L.R. 3d 1062, 1975 Iowa Sup. LEXIS 1167 (iowa 1975).

Opinions

REYNOLDSON, Justice.

This appeal requires us to determine the constitutionality of our criminal statute relating to dead bodies:

“714.22 Exposing dead bodies. If any person willfully and unnecessarily, and in an improper manner, indecently expose, throw away, or abandon any human body, or the remains thereof, in any public place, or in any river, stream, pond, or other place, he shall be imprisoned * * or be fined * * *.”

A county attorney’s information filed November 6, 1973 largely restated the statute by charging defendant

“Did willfully and unnecessarily, and in an improper manner, indecently expose, throw away, or abandon a human body, or the remains thereof in a hill behind the residence at 386 Lincoln, Council Bluffs, Iowa,”

in violation of § 714.22.

January 25, 1974, defendant filed her demurrer asserting § 714.22 “is too vague, incomplete, indefinite so as reasonable men would differ as to the strict construction of said statute, particularly the words used in the statute ‘unnecessarily’, ‘improper manner’ and ‘indecently expose’ ” in violation of the Iowa Constitution, Article I, section 9 [893]*893and the United States Constitution, amendment 14.

On the same date trial court sustained the demurrer by order which stated, inter alia:

“The Court, having tried a companion case to these matters and being familiar with the evidence that would be submitted herein, and having examined the minutes of the testimony relative to the charge involved * * *, believes that the evidence in this matter is to the effect that a fetus between 24 and 26 weeks of development was stillborn to one Deborah Belt. That at this time the defendants in the instant cases were present in the dwelling where this occurrence took place. That immediately thereafter, some of the parties present wrapped the fetus in a new blanket, placed it in a metal box and buried it in the back yard of the home * * *. That this occurred in January or February of 1972. That in October of 1973, the police received an anonymous telephone call * * * [and] * * * went to the area and dug up the metal box containing the fetus.”

Trial court then reasoned since the body remained buried for “18 or 19 months” defendant “in no sense of the. word” could be found guilty of exposing the body. Further, it concluded burial precluded conviction for throwing away or abandoning the body. Finally, it held the terms “unnecessarily”, “in an improper manner” and “indecently” were unconstitutionally vague.

Appealing, the State asserts trial court was in error in considering “evidence” in ruling on defendant’s demurrer, and erroneously determined § 714.22 was unconstitutionally vague.

I. It is apparent this demurrer basically alleged unconstitutionality of the statute on its face, and not as applied. See State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974) (“By way of exclusion, since this appeal stems from a judgment sustaining defendant’s demurrer, our review is confined to alleged facial invalidity * * * ”). Where a statute is thus subjected to a facial attack, the sole test of constitutionality is what may be done under its authority rather than what was done. In re Henderson, 199 N.W.2d 111, 122 (Iowa 1972) (special concurrence by five justices); Chicago, Rock Island and Pacific R. Co. v. Liddle, 253 Iowa 402, 409, 112 N.W.2d 852, 856 (1962).

II. A careful study of trial court’s order persuades us it did not consider evidence in ruling on the constitutional issue, but rather considered the circumstances alleged in the minutes attached to the information, and judicially noticed matters learned from a companion case, in determining burial of the fetus precluded application of § 714.22.

It is obvious the order appealed from cannot be supported by this rationale. Matters alleged in the minutes are not part of the indictment or information. Any insufficiency therein will not serve as grounds for demurrer to the indictment. State v. Kobrock, 213 N.W.2d 481, 483 (Iowa 1973); State v. Salter, 162 N.W.2d 427, 431 (Iowa 1968); State v. Youngblut, 257 Iowa 343, 345, 132 N.W.2d 486, 487 (1965); see §§ 777.2, 777.5, The Code. A proper method to raise this issue would have been by motion for bill of particulars (§ 773.6) followed by a motion to set aside the information (§ 773.7). State v. Batchelor, 180 N.W.2d 457, 459 (Iowa 1970).

Moreover, it is generally impermissible for a trial court to take judicial notice of proceedings in a related but wholly different case. Johnson v. Johnson, 188 N.W.2d 288, 292-293 (Iowa 1971).

We agree with the State these matters were not before the court and could not furnish grounds for sustaining the demurrer.

III. We turn to the more troublesome issue, whether § 714.22 is unconstitutionally vague.

Applicable principles, with supporting authorities, were summarized in State v. Kueny, 215 N.W.2d 215 (Iowa 1974).

[894]*894Regularly enacted statutes are accorded a strong presumption of constitutionality. Id. at 216.

When constitutionality is merely doubtful this court will not interfere as it must be shown that legislative enactments clearly, palpably and without doubt infringe upon constitutional rights before an attack will be upheld. Id. at 217.

Every reasonable basis of support for a statute must be negated by the attacking party. Id. at 217.

A statute is unconstitutionally vague, and thus offends due process, if it does not give a person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly. Id. at 217.

Terminology of a statute meets the constitutional test if its meaning is fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning. Id. at 217.

Defendant in this case made no constitutional attack on the words “abandon” and “throw away”. Apparently it was clear those words do have generally accepted meanings. Neither is a challenge made to the term “willful” which, in the context of this statute, means an intentional act inconsistent with good faith and good intentions. Hawthorne v. Delano, 172 Iowa 44, 55, 152 N.W. 17, 20 (1915). Trial court’s conclusion a broad reading of “throw away” or “abandon” might subject to prosecution anyone burying a body ignores the judicially-recognized meaning of “willful”.

We have already noted defendant’s demurrer constitutionally attacked only the § 714.22 terms “unnecessarily”, “improper manner” and “indecently expose.”

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Cite This Page — Counsel Stack

Bluebook (online)
231 N.W.2d 890, 81 A.L.R. 3d 1062, 1975 Iowa Sup. LEXIS 1167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aldrich-iowa-1975.