In Interest of Long
| Decision Date | 28 March 1966 |
| Docket Number | No. 43882,43882 |
| Citation | 184 So.2d 861 |
| Parties | In the Interest of Curtis Lee LONG, a child. |
| Court | Mississippi Supreme Court |
Alvin J. Bronstein, Malcolm Farmer, III, Jackson, Miss., William G. Kopit, Scarsdale, N.Y., R. Jess Brown, Jackson, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.
On July 2, 1965, Curtis Lee Long, a minor, thirteen years of age, was committed to the Oakley Training School at Oakley, Mississippi, until further order of the court. From this order the case was appealed to this Court. We reverse the case for the reasons hereinafter stated.
The petition filed charged 'that said child has been charged as delinquent-neglected child.' The petition as worded did not bring the child within the Youth Court Act. Sharp v. State, 240 Miss. 629, 127 So.2d 865, suggestion of error overruled, 240 Miss. 646, 129 So.2d 637, 90 A.L.R.2d 284 (1961). In The Interest of Mary Alice Slay, A Child, 245 Miss. 294, 147 So.2d 299 (1962).
An order was entered setting the cause for hearing on July 2, 1965, at 9:00 a.m. Summons was issued and the return shows that it was served on June 29, 1965, commanding the appearance of the parties in this cause at said time. Mississippi Code Annotated section 7185-06 (1952) provides that summons in these cases shall not be served less than three days before the date set for the hearing. The process here failed to meet this requirement. See, Slay, supra.
The above two questions were embodied in the assignment of errors, and there was also assigned the fact that the minor was not represented by legal counsel.
While this question may be moot now, since the minor has representation in this Court, it may not be amiss to call attention to Mississippi Code Annotated section 7185-08 (1952). In this section the legislature recognizes that these matters may be adversary proceedings as it authorizes the court to have the district attorney or county attorney present the petition and if it shall not be practicable for them to do so, then the court may appoint some reputable attorney to present the petition.
The same section provides that any person interested shall have the right to appear and be represented by legal counsel of his own choosing.
In cases wherein a minor is charged with being a delinquent and subject to being deprived of his liberty, we think it only fitting and proper to advise the minor and his parents that they are entitled...
To continue reading
Request your trial
-
Gault
... ... The early reformers were appalled by adult procedures and penalties, and by the fact that children could be given long prison sentences and mixed in jails with hardened criminals. They were profoundly convinced that society's duty to the child could not be confined by ... to ascertain whether the child was 'guilty' or 'innocent,' but 'What is he, how has he become what he is, and what had best be done in his interest and in the interest of the state to save him from a downward career.' 16 The child essentially good, as they saw it—was to be made 'to feel that ... ...
-
In Interest of Edwards, 48052
... ... Sharp v. State, supra ... III. The hearing without process was had within two (2) days after the petition was filed in violation of Section 7185-06, Mississippi Code 1942 Annotated (Supp.1972) (now Mississippi Code Annotated Section 43-21-13 (1972)). In re Long, 184 So.2d 861 (Miss.1966) ... IV. The minor was entitled to an attorney under the facts in this case; and since he was an indigent and likely to be incarcerated, the court was required to appoint an attorney to aid him. In re Gault, supra; In Re Long, supra ... ...
-
Hopkins v. State, 44681
... ... In Matter of Gault, Minor, 387 U.S. 1, 87A S.Ct. 1428, 18 L.Ed.2d 527 (1967), the United States Supreme Court discusses other questions of interest to youth court judges ... An excellent history of the juvenile court in the United States, together with a discussion of the latest ... 121 (1967) ... In the recent case of In Interest of Long, a Child, 184 So.2d 861 (Miss.1966), this Court discussed the questions of proper notice to parent and child, and the right to legal counsel in a ... ...
- Krebs v. Stephenson