27 So. 2d 173 | La. | 1946
Relatrix, Louise Davis Priest (age 15, March 26, 1946), and her husband, Sam Priest, are seeking to set aside a judgment of the Juvenile Court of Caddo Parish committing her to the State Industrial School for Girls at Alexandria, La. for an indefinite period.
The judgment of the Juvenile Court is based upon affidavits charging the relatrix with juvenile delinquency "* * * by being truant from school" and "* * * continual truancy from school". The application makes no denial of the truancy *391 but sets forth that the relatrix, on November 14, 1945, was legally married to Sam Priest and, being emancipated by this marriage, the Juvenile Court was without jurisdiction to consider the affidavit of November 28, 1945, and the subsequent one charging her with violation of the compulsory school attendance law.
The judge of the Juvenile Court, in a well-considered written opinion, overruled the exception to the jurisdiction and the motion to annul, holding that the compulsory school attendance law — Act No.
The sentence against relatrix was imposed under Act No.
Article 379 of the Revised Civil Code provides that a minor upon marriage becomes emancipated.
1 Bouvier's Law Dictionary, Rawle's Third Revision, p. 1004, defines "emancipation" as "An act by which a person who was once in the power or under control of another is rendered free."
The Legislature in Section 8 of Act No.
This Court, in State v. Golden,
The marriage relationship, regardless of the age of the persons involved, creates conditions and imposes obligations upon the parties that are obviously inconsistent with compulsory school attendance *393 or with either the husband or wife remaining under the legal control of parents or other persons. Though young, the husband is none the less required to support his wife and family. The wife, in the event there should be a child in the family, could hardly be expected to attend school during the weeks preceding or following its birth.
It might be argued that the relatrix comes within the provisions of Act No.
It is our conclusion that the relatrix is not a "child" in the sense that she is under the care and control of a parent, guardian, or other person within the meaning of the statute under which she has been committed to the State Industrial School for Girls at Alexandria.
The question of whether a minor who is married may be prosecuted under the provisions *394
of Act No.
The judgment of the Juvenile Court committing relatrix is annulled and the proceedings against her are dismissed.