Earles, In Interest of, 47814
| Decision Date | 06 May 1974 |
| Docket Number | No. 47814,47814 |
| Parties | In the Interest of David EARLES, a minor. |
| Court | Mississippi Supreme Court |
Merrida P. Coxwell, Jackson, for appellant.
A. F. Summer, Atty. Gen. by William D. Boerner, Sp. Asst. Atty. Gen., Jackson, for appellee.
This is an appeal from the Youth Court of Rankin County wherein David Earles, age fifteen, was adjudged delinquent and committed to Oakley Training School until age eighteen, with the condition of parol on good behavior after one year.
The petition filed in youth court in the interest of the child charged that he 'did wilfully, unlawfully and feloniously take, steal and carry away on unknown date one car, several bicycles and some milk from door in the Pearl Area; on date unknown he did wilfully, feloniously and burglariously break and enter a dwelling (unknown) and St. Jude Church, all of a value of $700.'
The appellant is contending on this appeal that the petition is fatally defective for its failure to charge the offense with the required degree of particularity in that there are no allegations of ownership of the property mentioned therein and that the proof wholly failed to substantiate the finding of the youth court that he was a delinquent.
The question of the degree of particularity with which the charge must be stated in a youth court petition was recently settled in the decision of In The Interest of Terry Wayne Dennis, A Minor, 291 So.2d 731 (decided March 18, 1974), wherein this Court stated:
We reaffirm our position that a petition which institutes a youth court proceeding must recite factual allegations specific and definite enough to fairly apprise the juvenile, his parents, custodians or guardians of the particular act or acts of misconduct or the particular circumstances which will be inquired into at the adjudicatory proceedings.
We further hold that in those cases where a charge of delinquency is based upon the violation of a criminal law, the petition must charge the offense with the same particularity required in a criminal indictment.
By these standards, the petition now before this Court, failed in its attempt to charge the offenses of grand larceny and burglary when it omitted any allegations of ownership of the articles allegedly stolen and any description of the property allegedly burglarized or even ownership or right of possession of that property. These are essential elements of the offenses charged and must be set forth in the petition if the juvenile and his parents or guardian are to be fairly informed of the particular acts or circumstances that will be the subject of the hearing. See In The Interest...
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Bullock v. State, 54770
...declarations or confessions of accused are not of themselves sufficient to establish the corpus delicti. See also In the Interest of Earles, 294 So.2d 171, 172 (Miss.1974). This state has long ago made the policy determination that it would reduce to a minimum the risk that a person might b......
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In Interest of Ferguson, 48,622
...admissible, the proof must establish that corpus delicti existed, as well as show that the confession was voluntary. In the Interest of Earles, 294 So.2d 171 (Miss.1974). The record before us clearly established that the minor was never advised of his right to counsel, and that he was not a......
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In the Interest of Way, 48656
...Way himself. Since no corpus delicti was established, the confession was erroneously admitted. Ferguson, supra; In Interest of Earles, 294 So.2d 171 (Miss.1974). Reversed and GILLESPIE, C.J., and PATTERSON, INZER, SMITH, ROBERTSON and WALKER, JJ., concur. ...