Duty v. State

Defendant-appellant Duty, brings this appeal from his conviction in the Hendricks Superior Court, for the offense of escape from lawful detention. Duty contests the propriety of the procedure in the Hendricks Circuit Court, sitting as a juvenile court, waiving juvenile jurisdiction over him and ordering him to stand trial as an adult. We reverse for the reason that the juvenile court failed to obtain original jurisdicton over Duty.

Our appellate courts have repeatedly outlined the procedural steps which must be taken by the juvenile court to properly obtain jurisdiction. Hicks v. State (1967),…