State v. Herty

Supreme Court of Louisiana

State v. Herty

175 So. 2d 645, 247 La. 1032

CourtSupreme Court of Louisiana

DecidedJune 9, 1965

DocketNo. 47813

StatusPublished

Cited by1 cases

This text of 175 So. 2d 645 (State v. Herty) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Herty, 175 So. 2d 645, 247 La. 1032 (La. 1965).

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Opinion

In re: Edward A. Herty, Jr., applying for writs of certiorari, prohibition, mandamus and habeas corpus.

Application dismissed. Edward A. Herty III is not an adult charged with a criminal offense in the juvenile court but has been adjudicated a juvenile delinquent because of having committed murder at the age of 13 (see Art. 7, Sec. 96, La.Const.). Appeals in such cases now lie to the Court of Appeal under Article 7, Section 29, as amended in 1958, which gives to Courts of Appeal jurisdiction of “all matters appealed from the family and juvenile courts, except criminal prosecutions against persons other than juveniles”, thus superseding the provisions of Article 7, Section 96, that "Appeals shall lie to the Supreme Court * * * from all final judgments rendered by the Juvenile Court”. See State v. Thomas, 245 La. 444, 153 So.2d 606. Application for supervisory relief should be made to the Court of Appeal to which an appeal would lie. Art. 7, Sec. 29, para. 3.

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In re: Edward A. Herty, Jr., applying for writs of certiorari, prohibition, mandamus and habeas corpus.

Application dismissed. Edward A. Herty III is not an adult charged with a criminal offense in the juvenile court but has been adjudicated a juvenile delinquent because of having committed murder at the age of 13 (see Art. 7, Sec. 96, La.Const.). Appeals in such cases now lie to the Court of Appeal under Article 7, Section 29, as amended in 1958, which gives to Courts of Appeal jurisdiction of “all matters appealed from the family and juvenile courts, except criminal prosecutions against persons other than juveniles”, thus superseding the provisions of Article 7, Section 96, that "Appeals shall lie to the Supreme Court * * * from all final judgments rendered by the Juvenile Court”. See State v. Thomas, 245 La. 444, 153 So.2d 606. Application for supervisory relief should be made to the Court of Appeal to which an appeal would lie. Art. 7, Sec. 29, para. 3.

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175 So. 2d 645, 247 La. 1032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-herty-la-1965.

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