State v. Simants

I respectfully dissent. The problem posed is accented dramatically by the transcript in this case. A thorough and complete examination of that transcript does not reveal what act or acts were done by the defendants. The complaint itself alleges only that on a given date, and within the county, the defendants “did then and there contribute to the delinquency” of a named female child under 18,. “so that the child will tend to become a delinquent child.”

The district court specifically found that the statute was vague and uncertain, and also constitutes an unlawful delegation of legislative…