Summary
In Reynolds v. State, 23 Ala. App. 333, 125 So. 204, the complaint charged the defendant Minnie Reynolds with contributing to the delinquency of children by inducing the father to give her presents when the children needed the money, and by occupying the same room and bed with the father.
Summary of this case from State v. PeeblerOpinion
4 Div. 571.
December 17, 1929.
Appeal from Circuit Court, Covington County; E. S. Thigpen, Judge.
Minnie Reynolds was convicted of causing dependency, neglect, or delinquency of children, and she appeals. Reversed and remanded.
The complaint filed in the circuit court is as follows: "The State of Alabama, by its solicitor, complains of Minnie Reynolds, that within twelve months before the commencement of this prosecution, that in said county, she, the said Minnie Reynolds, aided, encouraged or caused J. D. Simmons, Clara Bell Carnley, Obie Reynolds, Otis D. Reynolds, Louis Carnley, Clayton Carnley and Fate Carnley, each child under sixteen (years) of age to become dependent, neglected, or delinquent; or has, by word, act or omission, contributed thereto; or has, by word, conduct, act, omission, threats, commands, or persuasion, induced or endeavored to induce, aided or encouraged, the above named children, or one of them, in such county, to do or perform an act or to follow a course of conduct which would or manifestly tend to cause such child or children above named, to become or remain dependent, neglected or delinquent, in that the said Minnie Reynolds did within twelve months, within said county, by receiving provisions and money and clothing from Greenberry Carnley, father of said above named Carnley Children, when, in fact, said above named Carnley children needed said provisions, supplies and money for their own support, maintenance, comfort and education; by receiving in her home, at various times, both day and night, the said Greenberry Carnley, and occupying in said home the same room and bed together; by immoral conduct with the said Greenberry Carnley in the presence of or in close proximity to said child or children; all against the peace and dignity of the State of Alabama."
The following are the grounds of the demurrer to the complaint: "1. Said complaint fails to show or aver by what word, act, omission, threat, command, persuasion or inducement, defendant caused the children named in said complaint to become delinquents. 2. Said complaint fails to show or allege in what way defendant endeavored to induce or aided or encouraged the children named in said complaint to do or perform an act, or to follow a course of conduct which would tend or tend to cause the said children to become or remain dependents, neglected or delinquents. 3. Said complaint fails to show or aver what the conduct of defendant was that caused the said Granberry Carnley to neglect his children. 4. Said complaint fails to show or aver any act or acts on the part of the defendant which caused the neglect or delinquency of the children named therein. 5. Said complaint fails to charge defendant with any offense whatever. 6. Said complaint fails to allege sufficient facts by which defendant would be apprised of the matters and things against which she is called on to defend. 7. Said complaint states a mere conclusion. 8. Said complaint fails to aver that the children named therein became dependents, delinquents or neglected. 9. Said complaint fails to show or aver that the children therein became or remained dependents, neglected or delinquents because of the conduct or of any conduct on the part of defendant. 10. Said complaint fails to show or aver that the children named in said complaint became or remained dependents, neglected or delinquents because of any word, conduct, act, omission, threat, command or persuasion on the part of the defendant."
E. O. Baldwin, of Andalusia, for appellant.
The demurrer to the complaint should have been sustained. Code 1923, § 3528.
Charlie C. McCall, Atty. Gen., and Merwin Koonce, Asst. Atty. Gen., for the State.
Prosecution for misdemeanors may be commenced by affidavit in the circuit court of Covington county. Local Acts 1927, p. 64.
Appellant was convicted of the offense denounced by Code 1923, § 3542 — "causing dependency, neglect, or delinquency of children."
There appears in the record an affidavit made by Mrs. Lizzie Carnley before H. J. Brogden, judge of juvenile court of Covington county, purporting to charge this appellant with a violation of the terms of the Code section above referred to. Then follows a warrant of arrest issued by the said H. J. Brogden, judge, etc.
Next appears a "complaint" filed in the circuit court of Covington county by the solicitor of the Twenty-Second circuit, Hon. Robt. S. Reid.
The judgment entry, appearing in the record, recites that, in the circuit court, issue was joined on "defendant's plea of not guilty," etc.
The record fails to show that the "warrant of arrest," mentioned above, was ever executed, that appellant was ever "tried" in the juvenile court, that any appeal was taken from any judgment or decree of said juvenile court to the circuit court, or, in fact, that the circuit court, from the judgment in which this appeal is taken, acquired jurisdiction of the cause in the way prescribed by law. Code 1923, §§ 3542, 3544, 3546.
In this situation the judgment appealed from must be reversed and the cause remanded.
In the event of another trial, we might say that, as we read Code 1923, §§ 3542 and 3547, it is requisite to a valid complaint, in a prosecution of this kind, that the particular facts, acts, words conduct, omissions, etc., which it is contended causes accused to be guilty of the offense denounced by the said section 3542, must be set out in the said complaint.
And where, as in the instant case, the particularized allegations or specifications go no further in their effect than to charge the accused with having allowed the father of some minor children to give her presents of money and other articles of value, and perhaps to have sexual intercourse with her, we do not think the necessary elements of the offense described in Code 1923, § 3542, are set out, and it is our opinion that demurrers, such as those appearing in the record in this case, should be sustained to such a complaint.
The judgment is reversed, and cause remanded.
Reversed and remanded.