74 Ind. App. 572 | Ind. Ct. App. | 1921
On September 12, 1919, there was filed in the office of the clerk of the juvenile court of Marion county a document denominated in the record “a complaint.” The document charges that appellant unlawfully caused and encouraged a girl under the age of seventeen years to commit an' act of delinquency as defined in the statute by encouraging and causing the-girl “to be guilty of indecent and immoral conduct, to wit, adultery and fornication, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State of Indiana.” The document was signed by one Robert E. Woollen, but was not verified by his oath. The defendant was arraigned and entered a plea of not guilty. Thereupon the matter was submitted to the court for trial without a jury. The evidence having been heard, the court found the defendant “guilty as charged in affidavit filed in this cause.” A pretended judgment was rendered that the
In this state it has been held consistently that a criminal action can be commenced only in the manner provided by law, and that it is the filing of the°accusation in lawful form that invokes the jurisdiction of the court in the particular cause. Byrne v. State (1874), 47 Ind. 120; Allstodt v. State (1874), 49 Ind. 233; Hoover v. State (1887), 110 Ind. 349, 11 N. E. 434; Butler v. State (1887), 113 Ind. 5, 14 N. E. 247; Miller v. State (1890), 122 Ind. 355, 24 N. E. 156; Smith v. Clausmeier (1893), 136 Ind. 105, 114, 35 N. E. 904, 43 Am. St. 311; Gardner v. State (1903), 161 Ind. 262, 68 N. E. 163; State v. Simpson (1906), 166 Ind. 211, 76 N. E. 544, 1005. See, 22 Cyc 171.
The legislature, having in mind the liberties of the people, has declared that no citizen shall be put on trial for a public offense except on indictment or affidavit. Manifestly the legislative purpose is to shield and protect the individual from the disgrace, expense and hazard involved in a criminal prosecution insofar as that may be done consistently with the public welfare. The legislature has determined that the public, welfare is best promoted by saving the individual from criminal prosecution unless the accusation rests on sworn testimony given to the grand jury or on a sworn statement in the form of an affidavit.
No affidavit having been filed, the juvenile court was without jurisdiction of the particular subject-matter. Judgment reversed.