State v. Boettner
| Decision Date | 31 October 1910 |
| Docket Number | 18,464 |
| Citation | 53 So. 555,127 La. 253 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. BOETTNER |
Rehearing Denied November 28, 1910.
Appeal from Juvenile Court, Parish of Orleans; Andrew H. Wilson Judge.
Edward Boettner was convicted for failure to support his family, and appeals. Reversed.
George W. Flynn, for appellant.
St Clair Adams, Dist. Atty., and A. D. Henriques, Jr., and Warren Doyle, Asst. Dist. Attys., for the State.
On complaint of his wife, defendant and appellant was condemned to pay $ 5 per week for the support of the children, issue of his marriage with complainant.
This was an order of the court, rendered, it is urged by the state, in accordance with Act 34 of 1902, p. 42.
A part of that act authorizes proceedings in conciliation.
Instead of imposing sentence at the first hearing, the court has the power to make an order, subject to change, directing defendant to pay from time to time a weekly sum for the term of one year.
It is based in part on the consent of the defendant, as expressed in the statute.
In the Mioton Case, 112 La. 180, 36 So. 314, and in the Gersdorf Case, 124 La. 547, 50 So. 528, the order of conciliation had been entered.
The court held that it was premature to appeal therefrom.
In the case before us for decision, the court had passed beyond that point, as the defendant had failed to comply with the first order. It was necessary to impose a fine.
An appeal lies from this last judgment under the law creating the juvenile court.
All appeals lie directly to this court.
It was different when the decision in the Mioton Case was rendered. The appeal at that time was before the court having jurisdiction under the general provisions of the Constitution.
But now, as just stated, all appeals from the juvenile court are taken to this court.
As the appeal is to this court, we must decline to dismiss the appeal on the motion of the state.
We, none the less, cannot affirm the judgment before us for review, as in our opinion it is not rendered in accordance with law.
The error is that, instead of condemning the defendant under the first law of the act, cited supra, by imposing a fine of $ 100 or less, or imprisonment, the court condemned the defendant to pay to the wife the sum of $ 7 per week for the term of one year. The court did not follow the statute in this respect.
The court is authorized to impose a fine of $ 100 or less, as before stated.
The first judgment was for support.
The second judgment should be for the payment...
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...does not finally dispose of the case. State v. Mioton, 112 La. 180, 36 So. 314; State v. Gersdorf, 124 La. 547, 50 So. 528; State v. Boettner, 127 La. 253, 53 So. 555 and State v. Clark, 143 La. 481, 78 So. 742, are cited in support of this The argument cannot be sustained. In State v. Rome......
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