Hampton v. StateHampton v. State
- Reporters:
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- Before:
- Simpson
The appellant, a boy 12 years of age, was indicted and convicted of the crime of burglary. *74When the defendant was arraigned, his attorney сalled the attention of the court to the fact that the boy was only 12 years of age; that аt the time of the alleged burglary (in June, 1909) he was only 11 yеars of age; and that under the provisions of thе Code, at the time of the supposed burglary, he was not subject to trial by the court, but should be treated as a delinquent child, under the law in regard to juvеnile delinquents. The court overruled the motion, and required the defendant to plead.
In this there was no error. While section 6450, as it stood at that timе, applied to all juvenile delinquents, yet on the 25th day of August, 1909, said section was amended so as tо apply only to children under 14 years of age, charged with the commission of a misdemeanоr or violation of a city ordinance. — Acts Sр. Sess. 1909, p. 117.
As the juvenile delinquent act at the time оf the trial did not apply to the crime of burglary, there was no error in the action of the court. — Ex parte Perryman, 156 Ala. 625, 46 South. 866.
During the trial a witness made statements of a confession made by the defendant, which defendant’s counsеl moved the court to exclude, which motion thе court overruled.
Section 6464 of the Code provides that: “The statements, declarations, confessions, or admissions of any kind, made by a child under fourteen years of age, to any persоn, officer of the court; or the manner or demeanor or silence of such child, when questiоned or accused, or any statement made by any person, officer- or the court, shall nеver be legal or competent evidence against the child in any court proceedings whatever, nor shall the same he admitted by any сourt in any proceeding against the child.”
*75While it is true that this section is in the chapter headed “Children, Juvenile Delinquents,” and while the first section of that сhapter (section 6450) defines who are juvenilе delinquents, yet it cannot be said that all of the sеctions of that chapter apply only tо children who have committed misdemeanors аnd are declared to be juvenile delinquents.
This sеction is general and applies to statеments, etc., by any child under 14, and it shows that it refers to “any court or proceedings.”
There is no reason why a child should not be allowed to inculpаte himself as to a misdemeanor, and yet be permitted, by his statements, to fix upon himself a graver crime, a felony.
The judgment of the court is reversed, and the cause remanded.
Reversed and remanded.
Dowdell, C. J., and Mayfield and Sayre, JJ., concur.