State v. Campbell

187 A.2d 543, 95 R.I. 370, 6 A.L.R. 3d 499, 1963 R.I. LEXIS 15
CourtSupreme Court of Rhode Island
DecidedJanuary 16, 1963
DocketEx. No. 10380
StatusPublished
Cited by18 cases

This text of 187 A.2d 543 (State v. Campbell) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Campbell, 187 A.2d 543, 95 R.I. 370, 6 A.L.R. 3d 499, 1963 R.I. LEXIS 15 (R.I. 1963).

Opinion

*371 Roberts, J.

This is a criminal complaint wherein the defendant is charged with having operated a motor vehicle upon a public highway “without having his operators [sic] license on his person in violation of Section 31-10-25 of the General Laws of 1956.” The defendant’s demurrer *372 to the complaint was overruled, and thereafter the case was tried to a justice of the superior court sitting without a jury, who found the defendant guilty. The case is in this court on the defendant’s bill of exceptions to the overruling of his demurrer, to certain evidentiary rulings, and to the decision of the trial justice.

The defendant is charged with violation of a statute that relates to the license to operate motor vehicles upon the highways as contemplated in §31-10-1 wherein it is provided that “No person * * * shall drive any motor vehicle upon a highway in this state unless such person has a valid license as an operator or chauffeur under the provisions of this chapter.” The defendant is charged specifically with violating that portion of §31-10-25 which requires that “The license issued under this chapter shall at all times be carried on the person of the licensee while operating a motor vehicle upon the public highways * *

The defendant demurred to the complaint on two grounds. He contended that the license to operate here contemplated, being an intangible grant of a right or permission, is without substance, and therefore the mandate of the statute makes criminal a failure to do that which is impossible of performance and the legislation is void. He further contends in his demurrer that the requirement that the operator’s license be carried on his person is without any reasonable relationship to the public welfare or safety, and therefore its enactment did not constitute a valid exercise of the police power.

It is our opinion that no error inhered in the decision of the trial justice overruling the demurrer with respect to either of the grounds urged therein. The statutory requirement that the license be carried on the licensee’s person refers to a writing or certificate evidencing the grant of the license to operate. Conceding that a license as a basic legal concept is a right or privilege that is intangible or incorporeal, the word “license” has a widely *373 accepted popular or secondary meaning, that being a writing or certificate evidencing the grant of a right or privilege. It is so defined in both Bouvier and Webster. Clearly the legislature, in enacting this section, contemplated a certificate of license, and this court will not impute to the legislature an intention to make criminal a failure to do that which would be impossible of performance.

The defendant’s contention that the pertinent statute was not enacted in a valid exercise of the police power is also without merit. That the use of the public highways for travel by motor vehicles is in general a proper subject for regulation in an exercise of the police power is well settled. Berberian v. Lussier, 87 R. I. 226, 231. The defendant argues, as we understand him, that the requirement that the operator carry his license on his person is not to regulate in the interests of the public generally but rather to regulate for the benefit of a small class, in this case law-enforcement officers. The police power of the state is not without limitation, and a valid exercise thereof requires a showing that the interests1 of the public in general are being subserved as distinguished from the interests of some particular class. Haigh v. State Board of Hairdressing, 76 R. I. 612.

We are of the opinion, however, that the instant regulation does bear a substantial relationship to the safety and welfare of the traveling public and that, therefore, its enactment did constitute a valid exercise of the police power of the state. The primary purpose of the licensing-procedures in this area is to exclude from the highways those operating motor vehicles who have not established their compliance with some minimal standards of competence and skill in the operation of such vehicles and thereby to secure the safety of the traveling public. To accomplish this purpose, the legislature provides that everyone operating a motor vehicle on the highways *374 shall have available some adequate evidence of his compliance with such standards of competence, in this instance the -certificate of license.

It may be that, in so requiring, the legislature has given law-enforcement officers an effective method for determining whether operators are in fact licensed. It is obvious-, however, that the primary and substantial benefit of the requirement inures to the public and that in such circumstance the regulation is in the public interest generally. It is our opinion that the argument of defendant is directed more to the wisdom of the method of regulation than to its beneficial result to the -public generally. Given a regulation enacted in a valid exercise of the police power, the question as to the wisdom of the method prescribed is one for the legislature. Amitrano v. Barbaro, 61 R. I. 424. The exception of defendant to the decision of the trial justice overruling his demurrer is without merit.

We turn to -a consideration of defendant’s exception to the denial of his motion to strike all testimony of the arresting officer relating to defendant’s admission at the time he was stopped that he did not have an operator’s license on his person. The defendant argues that the corpus delicti, that is, the commission of the offense, cannot be -proved solely by the admissions or confessions of defendant but that such admissions or confessions are admissible in aid of proving the corpus delicti if the record contains other competent evidence that is probative thereof. In other words, defendant argues that there is in the record no evidence which tends to prove the corpus delicti and that, therefore, his admissions to the arresting officer cannot be admitted into evidence in the circumstances for the purpose of proving it.

To sustain a conviction in a criminal prosecution, it must be proved beyond a reasonable doubt that the alleged crime was in fact committed. It is well settled, however, *375 that while the corpus delicti may not be proved by a confession absent some other evidence probative thereof, such a confession or admission may be adduced in evidence to prove the corpus delicti if there is in the record some testimony apart from the confession that tends to prove the commission of a crime. State v. Wheeler, 92 R. I. 389, 169 A.2d 7; State v. Boswell, 73 R. I. 358, 363. Contending that there is no evidence tending to prove a corpus delicti other than his own admissions in that respect, defendant moved to strike this evidence as improperly admitted.

This argument overlooks the testimony of the arresting officer concerning the conduct of defendant at the time of his 'arrest as well as his statements made at that time.

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Cite This Page — Counsel Stack

Bluebook (online)
187 A.2d 543, 95 R.I. 370, 6 A.L.R. 3d 499, 1963 R.I. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-campbell-ri-1963.