JANIE POWELL
v.
S. E. STONE, AS SHERIFF OF VOLUSIA COUNTY
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The Florida Supreme Court reversed a lower court's decision in a habeas corpus proceeding, holding that a Justice of the Peace cannot sentence a minor under 17 to jail time. The case was remanded for further proceedings in the Juvenile Court.
No, a Justice of the Peace cannot commit a minor under 17 years of age to jail to serve a penal sentence. Such minors must be handled by the Juvenile Court.
“It is the contention of the plaintiff in error that a Justice of the Peace may not commit to jail to serve a penal sentence a minor under 17 years of age who has been charged with a criminal offense and convicted of such offense in the Court of the Justice' of the Peace.”
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Join FLexlaw to unlock all legal intelligenceA minor child under 17 was convicted of assault and battery by a Justice of the Peace and sentenced to a fine or 30 days in jail. The child's custodia…
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The writ of error in this case brings for review judgment of the Circuit Court in and for Volusia *790County, Florida, in habeas corpus proceedings remanding to the custody of the Sheriff a minor child under seventeen (17) years of age who had been convicted in the court of the Justice of the Peace of the Fourth District of Volusia County of the offense of as'sault and battery and sentenced to pay a fine of Fifteen ($15.00) Dollars, in default thereof to serve Thirty (30) days in the county jail.
It is the contention of the plaintiff in error that a Justice of the Peace may not commit to jail to serve a penal sentence a minor under 17 years of age who has been charged with a criminal offense and convicted of such offense in the Court of the Justice' of the Peace. This contention is' supported by the opinion and judgment in the cases of Ex Parte Elmo Kitts, a minor, 109 Fla. 202, 147 Sou. 573, and State, ex rel. Stiegel, v. Chapman, 119 Fla. 347, 161 Sou. 424.
On authority of the opinions and judgments in these cases the judgment herein is reversed and the cause remanded with directions that the said Janie Powell be produced before the Juvenile Court for further proceedings not inconsistent with this judgment.
So ordered.
Ellis, P. J., and Terrell, J., concur.
Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jarvis Robinson v. State, 686 So. 2d 1370 (Fla. 5th DCA 1997)…he crime of malicious mischief is, as indicated by its common law name, that of malice. One way of viewing malice is to require that the state show the defendant purposely set out to harm the owner of the property. See Parker v. State, 124 Fla. 780, 169 So. 411 (Fla.1936) (Davis, J., dissenting) (a conviction for willfully and maliciously maiming or disfiguring an animal cannot be sustained absent a showing of some express malice toward the animal or its owner); J.R.S. v. State, 569 So. 2d 1323 (Fla. 1st D…1 / 2
Authorities Cited
- Ex parte Elmo Kitts, 109 Fla. 202 (Fla. 1933)
- State v. Chapman, 119 Fla. 347 (Fla. 1935)