Brooks v. Taylor

Southerland, C. J.:

The essential question in these cases concerns the jurisdiction of the Family Court of New Castle over a charge of rape against youths less than eighteen years of age.

A subsidiary question concerns the jurisdiction of the Family Court to discharge by habeas corpus youths held for the Superior Court and indicted in that court.

The facts are as follows:

On July 26, 1958, Brooks, Carpenter and Watson were arrested and charged with the offense of rape. On that date each of the three was seventeen years of age. They were given a hearing in the Municipal Court and committed to jail…