Robinson v. Commonwealth
| Decision Date | 01 July 1922 |
| Citation | 242 Mass. 401,136 N.E. 241 |
| Parties | ROBINSON v. COMMONWEALTH. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Error to Supreme Judicial Court, Suffolk County.
Anna Robinson was adjudged a delinquent child, and she petitions for writ of error. Judgment affirmed.
The petition alleged that plaintiff in error, through her father, seasonably claimed a right of appeal, that in the afternoon of the same day she was personally brought before the court and interrogated, and stated that she personally did not desire to appeal, whereupon the presiding justice ordered the appeal withdrawn, and that such attempted withdrawal of the appeal was in the absence of the father, and without notice to or assent by him. It alleged error in that the court acted improperly in taking action on the matter in the father's absence, that an appeal claimed by the parent could not be waived, except by the parent or with his or her consent, and that the court erred in allowing the appeal to be withdrawn, otherwise than by the parent or with his consent.
Michael A. Flanagan and John J. Fox, Jr., both of Lawrence, for plaintiff in error.
J. Weston Allen, Atty. Gen., and A. Chesley York, Asst. Atty. Gen., for the Commonwealth.
A complaint was made to the judge of the district court of Lawrence on October 27, 1921, that Anna Robinson a minor, 13 years old, was a delinquent child (G. L. c. 119, §§ 52, 54), and a summons was issued to her and to Michael Robinson, her father, requiring them to appear at a time and place stated to answer to said complaint. On the day specified and after trial, Anna Robinson was adjudged a delinquent child and sentenced to the industrial school for girls at Lancaster, an institution supported by the Commonwealth for the custody, care and training of delinquent or wayward children or juvenile offenders, and of all children committed thereto. G. L. c. 119, § 58; Id. c. 120, § 2. From this sentence the father appealed in her behalf; this appeal was on the same day withdrawn by Anna Robinson in the absence of her father, while the court was still in session; thereupon the former sentence was affirmed and the minor was committed to the industrial school.
In this petition for a writ of error brought by Anna Robinson by her father as next friend, she contends that the commitment was unlawful, because the judge had no right to permit the withdrawal of the appeal claimed by the parent, because that action could not be taken in his absence or except by his act or consent.
Inasmuch as the errors assigned were errors in law and the plea of the commonwealth was in nullo est erratum, and there were no other issues, the case was properly transferred to the docket of the full court. G. L. c. 211, § 5; Bailey v. Edmundson, 168 Mass. 297, 46 N. E. 1064;Conto v. Silvia, 170 Mass. 152, 49 N. E. 86;Perkins v. Bangs, 206 Mass. 408, 92 N. E. 623.
Proceedings under G. L. c. 119, §§ 52-63, are not deemed criminal, and it is provided in section 53 that they--
‘shall be liberally construed so that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance.’
Careful provision is made as to notice to the parent and as to his appearance. When practicable, the time for his presence is directed to be that fixed for the appearance of the minor. It is clear, however, that the statute does not regard the father as strictly a party defendant in proceedings against the child for the latter's delinquency. The true intendment of the statute is satisfied if the parent is given opportunity to be fully heard. Fitzgerald v. Commonwealth, 5 Allen, 509;Fanning v. Commonwealth, 120 Mass. 388. The respective rights of parent and child are carefully defined. The latter only is given the right of appeal. The parent is summoned to appear so that a full hearing may be had, the responsibility for delinquency properly determined, and an order made as to the custody of the child with full knowledge of conditions existing in the home. The judge is not bound to sentence a delinquent child; he may place him on probation. A parent having the custody or control of a delinquent child who is found to have knowingly or willfully encouraged or participated in the delinquency may be punished. G. L. c. 119, § 63, which is applicable to proceedings of the character now considered, provides that a child under 14 held to prosecute an appeal to the superior court, if unable to furnish bail, shall be committed to the care of the department of public welfare or of a probation officer. The bail is furnished by the child and no provision is made for commitment to the care of the parent in case of...
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Custody of a Minor
...the parent, but rather the "welfare of the child." Hersey v. Hersey, 271 Mass. 545, 555, 171 N.E. 815 (1930). Robinson v. Commonwealth, 242 Mass. 401, 403, 136 N.E. 241 (1922). Section 1 of G.L. c. 119 makes it clear that this principle also remains operative in the care and custody statute......
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...and awarded it custody of the child. The mother exercised her right to trial de novo, G.L. c. 119, § 27, see Robinson v. Commonwealth, 242 Mass. 401, 136 N.E. 241 (1922), and her appeal was heard by a judge of the Boston Juvenile Court. Focusing chiefly on the mother's parental fitness as e......
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...a delinquent child on occasions prior to October 1, 1948. G.L.(Ter.Ed.) c. 119, § 52 and following, as amended. See Robinson v. Commonwealth, 242 Mass. 401, 136 N.E. 241. On that date a police officer apprehended him in the hallway of an apartment building and, suspecting him of having atte......
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... ... being a delinquent child on occasions prior to October 1, ... 1948. G.L.(Ter.Ed.) c. 119, § 52 and following, as ... amended. See Robinson v. Commonwealth, 242 Mass ... 401, 136 N.E. 241. On that date a police officer apprehended ... him in the hallway of an apartment building and, ... ...