Ex parte Hightower
| Decision Date | 06 June 1917 |
| Docket Number | A-2879. |
| Citation | 165 P. 624,13 Okla.Crim. 472,1917 OK CR 120 |
| Parties | EX PARTE HIGHTOWER. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
The jurisdiction of a court or judge to render a particular judgment or sentence by which a person is imprisoned is a proper subject of inquiry on habeas corpus.
Act of March 24, 1909, to establish juvenile courts and to regulate the jurisdiction and control of delinquent children, provides (sections 4413, 4414, Rev. Laws 1910) that county courts shall have jurisdiction of all cases coming within the provisions of the act, and that a special record book shall be kept by the court for all cases coming within the provisions of the act to be known as the "juvenile record," also a "juvenile docket," and for convenience the court in the control and disposition of such cases shall be called the "juvenile court."
Under the provisions of this act a child under 16 years of age cannot be guilty of the commission of a crime except in cases wherein it is shown and determined by the juvenile court of the county wherein the crime is alleged to have been committed that such child knew the wrongfulness of his acts at the time they were committed, and such a determination is a necessary prerequisite to the jurisdiction of the district court to try a child under the age of 16 years upon an information charging a felony.
This act contemplates an investigation by the juvenile court of complaints against children under 16 years of age with the view of determining whether or not the child committed the acts charged, and, if so, whether or not he knew the wrongfulness thereof in a criminal sense. And if, upon such investigation, the juvenile court finds affirmatively, it is then within its discretion to hold said child to be proceeded with in the manner provided by law in the court having competent jurisdiction of the offense, certifying to such court both finding as to probable cause, and that the child knew the wrongfulness of the acts complained of.
The finding of the juvenile court that the child knew the wrongfulness of his acts, and was capable of committing the offense, and did commit it, does not relieve the state of the burden of proving upon the trial that the child knew the wrongfulness thereof, as provided in Penal Code, subdivision 2, § 2094, Rev. Laws. The only effect the act in question has on said subdivision is to change the word "fourteen" to "sixteen," subsequent to the action of the juvenile court.
Habeas corpus by Sarah Hightower, mother of Raymond Hightower, a minor, against the Warden of the State Prison. Writ allowed.
On November 28, 1916, there was filed in this court a duly verified petition for writ of habeas corpus, which, omitting title and verification, reads as follows:
"Your petitioner, Sarah Hightower, mother of Raymond Hightower, a minor, represents and states to this honorable court that he is restrained of his liberty and is unlawfully imprisoned and restrained at Granite, by the warden of the state prison at said place. The cause of said restraint according to the best knowledge and belief of your petitioner is: That at the time of the arrest, trial, and conviction of said Raymond Hightower, on the charge of the murder of one Proctor Green on the 23d day of September 1912, he was arraigned before the Hon. Frank M. Bailey, and entered a plea of not guilty, as is shown by the record of the district court of Grady county, a copy of which is here attached and is marked Exhibit A as a part of this petition. That on the ______ day of ______, your petitioner, Raymond Hightower, without the advice of a legal counsel, entered a plea of guilty, and that on said plea was sentenced to serve in the county jail of Grady county, Okl., until he arrived at the age of 16 years, and that he thereafter be confined in the state prison at Granite until he reaches the age of 21 years. That for some reason unknown to petitioner, said petitioner, Raymond Hightower, was not kept in said county jail, as is shown by the record of the district court, a copy of which is here attached, marked Exhibit B, and is made a part of this petition. That during the month of January said petitioner was brought before the district court without advice of legal counsel and entered a plea of guilty to manslaughter and on said plea was sentenced to serve 7 years at hard labor in the state penitentiary, as is shown by the record of the district court, a copy of which is here attached marked Exhibit C, and is made a part of this petition. But your petitioner alleges that said restraint is illegal and unauthorized, because at the time of said sentence said petitioner was under the age of 14 years, as is shown by affidavits Nos. 1, 2, 3, 4, marked Exhibit D a part of this petition. Your petitioner further alleges that said restraint is illegal for the reason that the district court had no jurisdiction at the time said sentence was imposed on the said Raymond Hightower. That if any court had jurisdiction it would have been the juvenile court of Grady county, as shown in section 4412 of the statute of 1910 of the state of Oklahoma.
Wherefore your petitioner prays your honorable court to grant a writ of habeas corpus, and that he be discharged without delay from such unlawful imprisonment.
Sarah Hightower, Petitioner."
Omitting certificates and seal of the court clerk that the same are true copies, Exhibits A, B, and C read as follows:
"Exhibit A.
Page 263, Journal F.
2982. Filed Sept. 23, 1912. J. R. Callaham, Clerk of District Court, Grady County, Okl.
State of Oklahoma v. Raymond Hightower.
Page 271, Journal 5.
District Court, 15th Judicial District, Grady County, Oklahoma.
The prisoner, the above-named Raymond Hightower, defendant, being personally present in open court, and having been legally presented by information for the crime of murder and arraigned, and said defendant having entered herein his plea of guilty to manslaughter, and being asked by the court if he had any legal cause why judgment and sentence should not be pronounced against him, and he giving no good reason in bar thereof:
It is therefore considered, ordered, adjudged and decreed by the court that the said Raymond Hightower be confined in the state penitentiary at McAlester, in the state of Oklahoma, for the term of 7 years at hard labor, for said crime by him committed, said term of sentence to begin at and from the day of delivery to the warden, and that said defendant pay the costs of this prosecution taxed at $______, for which execution is awarded.
It is further ordered, adjudged and decreed by the court that the sheriff of Grady county, state of Oklahoma, transport said Raymond Hightower to the said penitentiary at McAlester in the state of Oklahoma, and that the warden of said building do confine and imprison the said Raymond Hightower in accordance with this judgment, and that the clerk of this court do immediately certify under the seal of the court and deliver to the sheriff aforesaid two copies of this judgment, one of said copies to accompany the body of said defendant to the said penitentiary and to be left therewith at said penitentiary, said copy to be warrant and authority for the imprisonment of said defendant in said penitentiary, and the other copy to be the warrant and authority of said sheriff for the transportation and imprisonment of the said defendant as hereinbefore provided. Said last-named copy to be returned to the clerk of said court with the proceedings of said sheriff thereunder indorsed thereon. And thereupon the court notified the defendant of his right of appeal.
Done in open court on this 11th day of January, 1913.
[Signed] Frank M. Bailey, Judge."
Indorsed:
Omitting situs and jurat of each, the affidavits attached are as follows:
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