Willard v. Commonwealth
Court of Appeals of Kentucky
Case 26 —INDICTMENT— APPEAL FROM MARION CIRCUIT COURT. The provision of the Constitution as to the establishment by the Legislature, as soon as practicable, of a House of Reform being mandatory, and the Legislature having for three years failed to provide same, there can be no constitutional punishment by confinement in the penitentiary of offenders under eighteen years of age.
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Case 26 —INDICTMENT— APPEAL FROM MARION CIRCUIT COURT. The provision of the Constitution as to the establishment by the Legislature, as soon as practicable, of a House of Reform being mandatory, and the Legislature having for three years failed to provide same, there can be no constitutional punishment by confinement in the penitentiary of offenders under eighteen years of age. (New Constitution, sec. 252.) Though the court may share the dissatisfaction of the appellant with the failure of the Legislature to carry into effect the provisions of sec. 252 of the Constitution, it is powerless to…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellant, a lad of sixteen years, was tried and convicted of the crime of breaking into a store-house with intent to steal, and was sentenced to the State penitentiary for one year.
The' bill of exceptions recites that the trial was regular and free from errors, and the evidence justified the finding; and this is conceded by counsel. But because the culprit is only sixteen years of age, and the Constitution (section 252) provides that the Gren*149eral Assembly, as soon as practicable, shall provide “for the establishment and maintenance of an…
2Cited by5 opinions
- Wells v. LewisCourt of Appeals of Kentucky · 1921
- Boone v. BooneSupreme Court of Arkansas · 1914
- Reed v. Hendrix'sCourt of Appeals of Kentucky · 1918
- Holliday v. HollidayCourt of Appeals of Kentucky · 1914
- Ex Parte MathewsCourt of Criminal Appeals of Texas · 1898