State ex rel. Cave v. Tincher
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) The act is not in violation of section 12 of article 2 and section 22 of article 2 of the Constitution of Missouri. These sections of the Constitution do not apply to the act in question for the reason that the care of and custody of a neglected and delinquent child and the superintending control thereof as exercised by the court is not a criminal prosecution.
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Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) The act is not in violation of section 12 of article 2 and section 22 of article 2 of the Constitution of Missouri. These sections of the Constitution do not apply to the act in question for the reason that the care of and custody of a neglected and delinquent child and the superintending control thereof as exercised by the court is not a criminal prosecution. In this State it has been held that a prosecution under a city ordinance is not a criminal prosecution. It is civil and quasi criminal in character. Ex parte…
1Opinion of the Court
WALKER, J. —
Mandamus to compel the probate court of Callaway county to assume jurisdiction and hear and determine a charge of petit larceny against a boy of the age of twelve years.
The prosecuting attorney of Callaway county filed in the circuit court an information charging a boy of the age of twelve years, with the crime of petit larceny. Upon the case being called in the circuit court for trial, the judge of said court, in accordance with the provisions of section 7, page 152, Laws 1913, ordered the same transferred to the probate court for hearing and determination; the judge of said…
2Cases cited27 opinions
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1905
- Wisconsin Industrial School for Girls v. Clark CountyWisconsin Supreme Court · 1899
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- State v. KyleSupreme Court of Missouri · 1901
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3Cited by32 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- Helton v. CrawleySupreme Court of Iowa · 1950
- Wissenburg v. BradleySupreme Court of Iowa · 1929
- State Ex Rel. Randolph County v. WaldenSupreme Court of Missouri · 1947
- Sovereign v. SovereignMichigan Supreme Court · 1958
27 more not listed; retrieve them via the Exa API.