83 So. 189 | La. | 1919
The defendant, relator in this proceeding, was prosecuted in the juvenile court for the parish of Orleans, on a bill of information charging that he had willfully neglected to provide for the support of his minor child, in violation of the Act No. 34 of 1902. He filed a plea to the jurisdiction of the court, alleging that his matrimonial domicile was and had always been in the parish of St. Tammany, and that, if he was guilty of the charge brought against him, the prosecution was not within the jurisdiction of the juvenile court for the parish of Orleans, but within the jurisdiction of the Twenty-Sixth judicial district court in and for the parish of St. Tammany.
Having heard evidence on the plea, the court overruled it, and defendant reserved a bill of exceptions.' The judge then heard evidence on the merits of the case, found defendant guilty, and condemned him to pay $5 a week for the support of the child, who was ordered to remain with the mother. Thereupon counsel for defendant, giving no
The facts proven on the trial of the plea to the jurisdiction are not disputed. Defendant was, at the time of the trial, and had been continuously for 11 years, a resident of the town of Slidell, in the parish of St. Tammany, La., where he was engaged in business as.a dry goods merchant. He was married in New Orleans in the latter part of the year 1915, and, after remaining in that city about four weeks, he and his wife took up their residence in Slidell. Having resided there three or four months, the wife suggested their going into business in New Orleans. He opened a small establishment or shop in New Orleans, where his wife took up her residence and attended to the business, while he continued managing the business in Slidell, going to New Orleans at intervals of five or six days. The shop in New Orleans was not a success, and, within a year from the date of its opening, defendant gave it up, returned to his home and business in Slidell, and requested his wife to return and live there. She declined, saying that the water there did not agree with her, and that the class of citizens was not of her choice; the fact, however, being that she had, for some reason not disclosed by the record, lost all affection for her husband. In the meantime the child was born in New Orleans, and had remained there with the mother continuously to the time of the trial of this case, when the child was nearly three years of age.
Having tried and failed to persuade his wife to return to the matrimonial domicile in Slidell, defendant brought suit against her in the district court in St. Tammany parish for a separation from bed and board. Whereupon the wife instituted this prosecution, by affidavit in the juvenile court in New Orleans, charging her husband with failing and neglecting to support the child.
The judge of the juvenile court cites, in support of his ruling, the decision in State v. Fick, 140 La. 1063, 74 South. 554, with which decision, however, the ruling made in this case is not consistent. In the case cited, the court quoted with approval the decision in State v. Baurens, 117 La. 136, 41 South. 442, to the effect that the venue of the crime of neglecting to support a wife or minor child in necessitous circumstances was at the matrimonial domicile, or at the place of residence of the accused husband or father, even though the wife had been compelled, by the cruel treatment on the part of the husband, to take up a residence elsewhere.
Our conclusion is that the court that has jurisdiction of the prosecution is the district court for the parish of St. Tammany, the parish in which the defendant has his domicile, and not the juvenile court for the parish of Orleans.
The judgment appealed from is annulled, and it is ordered that the prosecution in the juvenile court for the parish of Orleans be dismissed.