Opinion
No. 27975.
July 18, 1950.
APPEAL FROM THE ST. LOUIS COURT OF CRIMINAL CORRECTION, LOUIS COMERFORD, J.
Alfred I. Harris, St. Louis, for appellant.
William C. Lochmoeller, Pros. Atty., and Thomas J. Krauska, Asst. Pros. Atty., both of St. Louis, for respondent.
The defendant was convicted of contributing to the delinquency of a minor and sentenced to serve ninety days in the workhouse. He has appealed from the sentence but no bill of exceptions has been filed.
A transcript of the record proper duly certified by the clerk of the St. Louis Court of Criminal Correction has been filed in this court and that is all that is before us for review. Section 4150, R.S.Mo. 1939, Mo.R.S.A. § 4150; State v. Vinson, 337 Mo. 1023, 87 S.W.2d 637; State v. Nichols, Mo.Sup., 165 S.W.2d 674; State v. Birkner, Mo.Sup., 229 S.W.2d 674.
The information charges that the defendant "did unlawfully cause, encourage and contribute to the delinquency of one Lucille Long, then and there a delinquent child of the age of twelve years, by causing, encouraging and permitting the said Lucille Long to be habitually and wilfully, and without the consent of her parents to absent herself from home and to remain away at night. * * *"
Section 9673, R.S.Mo. 1939, Mo.R.S.A. § 9673, provides that the words "delinquent child" shall include a child "who habitually and willfully, and without the consent of its parents, guardian, or the person having legal custody and control of such child, absents itself from home and remains away at night, * * *".
Section 4418, R.S.Mo. 1939, Mo.R.S.A. § 4418, provides that encouraging, causing or contributing to the delinquency of a child is a misdemeanor.
It will be seen from the foregoing sections that the information properly charges an offense within the contemplation of the statute. State v. Johnson, Mo.App., 145 S.W.2d 468.
The record recites that the defendant, represented by counsel, was duly arraigned and after having heard the information read pleaded not guilty.
The trial was by the court as provided by Section 4052, R.S.Mo. 1939, Mo. R.S.A. § 4052, and the court found defendant guilty of the charge of contributing to the delinquency of a minor. This finding was responsive to the issues presented. State v. Birkner, Mo.Sup., 229 S.W.2d 674.
Allocution was not granted to the defendant but in misdemeanor cases it is not mandatory upon the court to ask the defendant if there is any legal reason why sentence should not be pronounced before it pronounces sentence and a failure to afford allocution to the defendant does not invalidate the judgment. Section 4103, R.S. Mo. 1939, Mo.R.S.A. § 4103; State v. Baker, Mo.Sup., 274 S.W. 359; State v. Turner, Mo.Sup., 273 S.W. 739; State v. Legan, Mo.Sup., 80 S.W.2d 122.
The punishment of ninety days imprisonment in the city workhouse was within the limit of punishment prescribed by Section 4418, which provides that upon conviction of the charge of contributing to the delinquency of a minor the defendant "shall be fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment."
Finding no error in the record before us, it is the recommendation of the Commissioner that the judgment be affirmed.
The foregoing opinion of WOLFE, C., is adopted as the opinion of the court.
The judgment of the St. Louis Court of Criminal Correction is accordingly affirmed.
ANDERSON, P. J., and HUGHES and McCULLEN, JJ., concur.