Commonwealth v. Horregan
| Decision Date | 23 October 1879 |
| Parties | Commonwealth v. Jeremiah Horregan. Same v. Michael Toomey |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Worcester.
Judgment arrested.
J Hopkins, for the defendants.
G Marston, Attorney General, for the Commonwealth.
OPINION
The St. of 1870, c. 359, § 11, provides that "when a boy" under the age of seventeen years "is convicted by a judge of the probate court of any offence," "he may be sentenced and committed to any institution established by authority of the laws of the Commonwealth for the reformation of juvenile offenders; or, if below the age of twelve years, to the state reform school;" "or, in the discretion of the judge, to such other punishment as is provided for the offence." By the St. of 1872, c. 358, the governor is authorized to designate and commission the judges of municipal, district and police courts to try juvenile offenders, and it is provided that such judges, so designated and commissioned, shall have and exercise concurrent jurisdiction, duties, powers and authority, in their respective counties, with the judges of probate courts in all cases of juvenile offenders under seventeen years of age.
It was conceded at the argument that, under the statute last above cited, the Central District Court of Worcester had jurisdiction to try the defendants on the complaints in the cases at bar, and sentence them, unless the St. of 1870 c. 359, § 11, is unconstitutional. The defendants are charged in the complaints with wilfully and maliciously destroying and injuring the personal property of another, to wit, four leather belts, of the aggregate value of two hundred dollars, by cutting said belts into pieces. The complaints therefore charge the commission of the offence described in the Gen. Sts. c. 161, § 85, which is thereby made punishable "by imprisonment in the state prison not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding one year; provided, that when the value of the property so destroyed or injured is not alleged to exceed the sum of fifteen dollars, the punishment shall be by fine not exceeding fifteen dollars, or imprisonment in the jail not exceeding thirty days." It is plain, therefore, that the St. of 1870, c. 359, § 11, is broad enough in its terms to invest judges of probate with authority to try, without a jury, and without previous indictment, boys charged with offences punishable by imprisonment in the state prison; and that the St. of 1872, c. 358, gives the same authority to judges of district courts, specially designated and commissioned therefor. Nolan's case, 122 Mass. 330. The repeal of the last-named s...
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