State, Ex Rel. Brown v. Hoffman

155 N.E. 499, 23 Ohio App. 348, 5 Ohio Law. Abs. 6, 1926 Ohio App. LEXIS 362

• Court: Ohio Court of Appeals
• Decided: November 8, 1926
• Docket: 3018
• Status: Published

Opinion

CUSHING, J.

Clarence Brown was indicted, by the grand jury of Hamilton County, on the charge of burglary and autpmobile stealing.

At a hearing before the Hamilton Common Pleas it was found that Brown was seventeen years old; and it was ordered that he be transferred to the division of Domestic Relations Court. The Judge of the juvenile court refused to hear and dispose of said case, and this action was instituted in mandamus to compel Judge Hoffman, to hear and dispose of the case of the relator, as provided by law. The Court of Appeals held:

Attorneys — D. P. Naylor and Edw. Hoover for State et; John W. Weinig for Hoffman; all of Cincinnati.

1. Sec. 1642 GC. provides that a juvenile court shal have jurisdiction over and with respect to delinquent, neglected and dependent minors, under the age of 18.

2. The juvenile court does not deal with crimes, its jurisdiction being limited as provided in 1642 GC.

•3. Sec. 1681 GC. provides “when any information or complaint shal be filed against a delinquent child under these provisions charging him with felony, the judge may order the child to enter recognizance - - - for his appearance before a common pleas court.-”

4. The transfer by the Hamilton Common Pleas in the first instance was but to give information to the juvenile court and it had authority to act thereon, but it chose by its discretionary power to remand the case to the common pleas.

6. The juvenile court had the power to either hear the case or remand same to the Common Pleas and the court choosing to remand it, the demurrer to the petition will be sustained.

Demurrer sustained.

(Buchwalter, PJ., and aHmilton, J., concur.)