Ex Parte See

• Decision Date: 21 March 1912
• Citation: 145 S.W. 419
• Parties: Ex parte SEE.
• Court: Missouri Supreme Court

145 S.W. 419

Ex parte SEE.

Supreme Court of Missouri, Division No. 2.

March 21, 1912.

1. INFANTS (§ 19)—JUVENILE DELINQUENTS— CRIMINAL PROSECUTIONS — INFORMATION— REQUISITES.

Rev. St. 1909, § 1546, providing that every girl under the age of 18, whose associations are immoral or criminal, or who is incorrigible, so that she cannot be controlled by her parents or guardians, may be sentenced to the Industrial Home for Girls until she shall reach the age of 21, does not individuate the offense, and an information must set out the facts constituting the alleged offense; and hence an information alleging that accused, a female under the age of 18, was unlawfully incorrigible to such an extent that she could not be controlled by her parents and guardians, and that her associations were immoral and criminal, contrary to the statute, is insufficient to support a judgment committing her to the Industrial Home.

2. INFANTS (§ 19) — DELINQUENT INFANTS— COMMITMENT TO INDUSTRIAL HOME—JUDGMENT — REQUISITES.

A judgment adjudging that a female under the age of 18 is a fit subject to be committed to the Industrial Home for Girls, without showing any trial on her plea of guilty, and without showing that she was found guilty of any offense covered by Rev. St. 1909, § 1546, authorizing the commitment of girls to the Industrial Home for enumerated grounds, is insufficient to justify her detention in the Home, and she is entitled to her discharge on habeas corpus.

Petition for habeas corpus by Lucy See for her discharge from custody. Granted.

Thos. F. Gatts, for relator.

FERRISS, P. J.

The petitioner, a girl of 16 years of age, complains that she is unlawfully and wrongfully deprived of her liberty by T. C. Lasley, sheriff of Marion county, Mo.

It appears from the information and return that on the 2d day of March, 1912, the assistant prosecuting attorney of Marion county filed before one Thomas L. Anderson, justice of the peace, the following information: "Lewis O'Conner, prosecuting attorney within and for the county of Marion, in the state of Missouri, upon the actual knowledge of F. L. Kelly, as is set forth in the affidavit of said F. L. Kelly, heretofore in and with this court filed, upon his knowledge, information, and belief, informs the court that Lucy See, on the ____ day of March, A. D. 1912, at the township of ____, said county of Marion, state of Missouri, being then and there a female child, under the age of eighteen years and over the age of seven years, to wit, the age of sixteen years, was then and there unlawfully incorrigible to such an extent that she could not be controlled by her parents and guardians, and that the associations of her, the said Lucy See, were then and there immoral and criminal, and bad and vicious,...