State v. Marvin Harris, (No. 6116)
Court | Supreme Court of West Virginia |
Writing for the Court | MILLER, P. |
Citation | 105 W.Va. 165 |
Decision Date | 07 February 1928 |
Docket Number | (No. 6116) |
Parties | State v. Marvin Harris |
105 W.Va. 165
State
v.
Marvin Harris
Supreme Court of Appeals of West Virginia.
Submitted January 31, 1928.
Decided February 7, 1928.
[105 W.Va. 165]
1. Indictment and Information Under Indictment Charging Contributing to Delinquency by Encouraging Minor to Commit Acts, Naming Them, Defendant is Not Entitled to Bill of Particulars (Barnes' Code 1923, c. U6-A, § 26).
An indictment predicated on section 26, of chapter 46-A, Barnes' Code, 1923, charging the accused of causing, encouraging and contributing to the delinquency of the child named therein, under the age of sixteen years, by enticing and encouraging her to commit acts, naming them, the commission of which under the statute constitutes delinquency, and alleging that said offense was committed at divers times within one year of the finding of the indictment does not entitle the accused to a bill of particulars giving him "notice of the time or times the State will claim, and offer to prove, any such alleged unlawful acts to have been committed by him." (p. 166.)
(Indictments and Informations, 31 C. j. § 308.)
2. Infants -Offense of Contributing to Minor's Delinquency is Complete When Acts Tend to Render Child Delinquent, it Being Unnecessary That She Become Delinquent (Barnes' Code, 1923, c. 4-6-A).
Under chapter 46-A, Barnes' Code, 1923, the offense of contributing to the delinquency of a child is complete when acts
[105 W.Va. 166]
are committed which directly tend to render the child delinquent; and it is not necessary that the child who is the subject of the offense shall be or become a delinquent child, (p. 168.)
(Infants, 31 C. J. § 17.)
3. Samei Criminal Intent is Not Necessary Element of Offense of Contributing to Delinquency of Minor Child (Barnes' Code 1923, c. 46-A, § 26).
Criminal intent is not a necessary element of the offense created by section 26, of chapter 46-A, Barnes' Code, 1923. (p. 170.)
(Infants, 31 C. J. § 17 [Anno].)
(Note: Parenthetical references by Editors, C. J.-Cyc. Not part of syllabi.)
Error to Circuit Court, Marshall County.
Marvin Harris was convicted of contributing to the delinquency of a minor child under age of 16 years, and he brings error.
Affirmed.
Hugo F. Chestosky, and D. B. Evans and Martin Brown, for plaintiff in error.
Howard B. Lee, Attorney General, and W. Elliott Nejflen, Assistant Attorney General, for the State.
Miller, President:
The defendant was tried and convicted on an indictment charging that he "on the.... day of March in the year of our Lord one thousand nine hundred and twenty-seven, in the county aforesaid, and at divers other times within one year next preceding the finding of this indictment, did unlawfully cause, encourage, and contribute to the delinquency of Gertie Smith, an infant child of John Smith of said county, as such term with reference to children is denned in the statutes of the State of West Virginia, she, the said Gertie Smith, being then and there a child under the age of eighteen years, to-wit of the age of fifteen years, by enticing and encouraging the said Gertie Smith to absent herself from her home without just cause and without the consent of her parents, by enticing and encouraging the said Gertie Smith to knowingly associate with immoral persons, and by enticing and encouraging the
[105 W.Va. 167]
said Gertie Smith to wander about the streets in the night time without being on any lawful business or lawful occupation, against the wish and over the objection of the said John Smith, her father, in violation of the statutes of the State of West Virginia in such case made and provided, and against the peace and. dignity of the State."
This indictment is predicated on section 26 of Chapter 46-A of the Code, (Acts 1915, Ch. 70; Acts 1919, Ch. Ill, sec. 26), providing that: "Any person who shall by any act cause, encourage, or contribute to the delinquency of a child, as this term with reference to children...
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State v. Flinn, Nos. CC888--CC890
...issue raised by the second certified question. This Court construed the predecessor statute to Code, 49--7--7, in State v. Harris, 105 W.Va. 165, 141 S.E. 637. The earlier statute contained the language, 'Any person who shall by any act cause, encourage, or contribute to the delinquency of ......
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Jordan v. Bero, No. 13179
...form by this Court in both civil and criminal cases. See Cobb v. Dunlevie,63 W.Va. 398, 408, 60 S.E. 384 (1908) and State v. Harris, 105 W.Va. 165, 169, 141 S.E. 637 (1928). That instruction is objected to here on the basis of incompleteness but this precise objection was assigned for the f......
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State ex rel. Turner v. McClure, No. 12914
...indictment of omitting or committing acts which contributed to the death of the infant. [153 W.Va. 859] In the case of State v. Harris, 105 W.Va. 165, 141 S.E. 637, dealing with the offense under Code, 49--7--7, before it was amended, this Court held that criminal intent was not a necessary......
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State v. Hunt, No. 2
...610, 157 P.2d 436 (1945) (making improper advances toward female child and using vulgar language in presence of); State v. Harris, 105 W.Va. 165, 141 S.E. 637 (1928) (keeping young girl out 'as late as 11 o'clock' against will of her father); People v. Hemma, 94 Cal.App. 25, 270 P. 457 (192......
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State v. Flinn, s. CC888--CC890
...issue raised by the second certified question. This Court construed the predecessor statute to Code, 49--7--7, in State v. Harris, 105 W.Va. 165, 141 S.E. 637. The earlier statute contained the language, 'Any person who shall by any act cause, encourage, or contribute to the delinquency of ......
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State ex rel. Turner v. McClure, 12914
...indictment of omitting or committing acts which contributed to the death of the infant. [153 W.Va. 859] In the case of State v. Harris, 105 W.Va. 165, 141 S.E. 637, dealing with the offense under Code, 49--7--7, before it was amended, this Court held that criminal intent was not a necessary......
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State v. Hunt, 2
...610, 157 P.2d 436 (1945) (making improper advances toward female child and using vulgar language in presence of); State v. Harris, 105 W.Va. 165, 141 S.E. 637 (1928) (keeping young girl out 'as late as 11 o'clock' against will of her father); People v. Hemma, 94 Cal.App. 25, 270 P. 457 (192......
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Com. v. Randall
...of modern society to cope with the problem of juvenile delinquency.' State v. McKinley, 53 N.M. 106, 202 P.2d 964, 967; State v. Harris, 105 W.Va. 165, 141 S.E. 637. The general language of the statute, therefore, is not a valid objection to it on constitutional grounds. Unless words of suc......