224 P. 443 | Utah | 1924
The defendant, Lawrence Tweed, was charged with a felony, to wit with having had carnal knowledge of the body of a female under the age of consent. He was duly arrested, taken before the judge of the city court of Provo, Utah, who, under the laws of this state acts as ex officio justice of the peace and is authorized to discharge all the duties of a magistrate in all criminal proceedings instituted in the name of the state. The defendant being charged with a felony, he was by virtue of article 1, § 13, of our Constitution, entitled to a preliminary hearing before being subject to trial in the district court of Utah county, in which county the offense is alleged to have been committed. A preliminary hearing was duly had upon the charge, and the defendant was by the magistrate aforesaid required to appear before the district court aforesaid for trial. An information in due form as required by our statute was duly filed in said district court, charging the defendant with the crime aforesaid, which, under our statute, constitutes a felony. When the defendant was arraigned, he, through his counsel, interposed
The appeal is taken pursuant to Comp. Laws Utah 1917, § 9208, and its purpose is to determine the correctness of the rulings of the district court in sustaining the demurerr and the motion to quash. It was made to appear at the time the demurrer and the motion to quash were interposed that the defendant, at the time the alleged offense was committed, was under 18 years of age. Indeed, the state conceded that at that time he was only a little over 17 years of age.
Prior to the enactment of chapter 5 of Laws of Utah 1919, which was passed at the special session of the Legislature of the state of Utah of 1919, and to which we shall more particularly refer hereinafter, the juvenile courts of this state had exclusive jurisdiction of all offenders “who are under eighteen years of age.” Under the juvenile law, therefore, when it was made to appear that one charged with an offense which was not punishable by death, or life imprisonment was under the age of 18 years when the alleged offense was committed, the district courts were deprived of jurisdiction to try or to inflict punishment for the offense, and the matters of trial and punishment were placed under the sole jurisdiction of the juvenile courts'. At the special session of the Legislature of 1919, however, the Legislature amended the juvenile law, and in section 7, of that act, among other things, provided that if a juvenile offender is charged with a felony the “juvenile court shall act as a committing magistrate with the same jurisdiction as a justice of the peace sitting as a committing magistrate, and when it appears that a felony has been committed and that there is sufficient cause to believe
Under our Constitution (article 1, § 13), any one charged with a felony may be prosecuted either upon an indictment found by a grand jury, or upon an information filed by the prosecuting attorney. In case the prosecution is based upon an information filed by the prosecuting attorney the accused is, however, entitled to a preliminary hearing before a magistrate before the information is- lodged against him in the district court, and, if it be made to appear to the district court before a plea on the merits is entered in that court that the accused had not been given a preliminary hearing, and that he has not waived such a hearing, the information may be quashed on motion of the accused, and he cannot be legally tried in the district court until he has either been given the preliminary hearing provided for in the Constitution, or it be made to appear that he has waived such a hearing. In this- case the defendant was given the preliminary hearing. It is contended, however, by his counsel, that the city judge of Provo was without jurisdiction to act as a committing magistrate for the reason that the defendant was under the age of 18 years, and hence the juvenile court or judge thereof had exclusive jurisdiction in the premises. The contention is predicated upon the language we have quoted from section 7 of the special act of 1919, supfa.
It will be observed that it is there provided that, in case a juvenile is charged with a felony, then the juvenile court shall proceed to act as a magistrate, and shall require the accused to appear before the district court for trial as in all other cases of felony. The contention that the juvenile court or judge has exclusive jurisdiction to act as a magistrate in such case is, in our judgment, not tenable. A young man who is just under the age of 18 years may be charged with a felony, and may be taken before a magistrate in good faith believing him to be over the age of 18 years and hence not within the class of juvenile offenders. If such be the
It should be kept in mind, also, that by virtue of chapter 5, aforesaid, where any child who has attained the age of discretion is charged with a felony or with a crime punishable
"We are of the opinion, therefore, and so hold, that the district court erred in quashing the information upon the ground that the defendant was not given a preliminary hearing as contemplated by our statute.
This brings us to the state’s contention that the demurrer was improperly sustained. As stated at the outset, counsel for the defendant contended, and the district court held, that chapter 5, passed at the special session of the Legislature of 1919, was passed contrary to the provisions of our Constitution, and therefore 'invalid. Article 7, § 6, of the Constitution, so far as material here, provides:
“On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business, except that for which it is especially convened, or such other legislative business as the Governor may call to its attention while in session.” (Italics ours.)
The proclamation of the Governor convening the Legislature is set forth in the Laws of 1919. No reference is made in the Governor’s proclamation to the juvenile laws of this state, nor are any amendments thereto suggested by him. Reference to the constitutional provision relating to the convening of special sessions of the Legislature discloses, how
“Your special committee, appointed to meet with a like committee of the House for the purpose of initiating the introduction of measures in the respective houses, in order to bring the recommendations of the Governor before the Legislature in form for its consideration, and in order to divide the immediate work of the two houses with respect thereto in the interest, of facilitating business, beg leave to report: That we met and held a joint meeting with the House Committee, at which time the Attorney General of Utah and the secretary for the Governor laid before the committee certain bills which had been prepared by the Attorney General, or in the Governor’s office in line with his recommendations touching the subjects embraced in his message to the Legislature. Considering it to be in line with the purposes of the creation of the joint committee to cause such measures to be introduced, dividing the same between the two houses. * * *”
The committee then states that there were allotted to the Senate certain measures which are “named Senate Bills 1 to 6, inclusive.” It is further made to appear that chapter 5, which is in question here, constituted “Senate Bill No. 4,” and was one of the six Senate bills referred to by the committee. This committee report therefore affirmatively shows that chapter 5 must have' been considered by the committee and was called to its attention, stating it in the language of the committee, that “the Attorney General of Utah and the secretary for the Governor laid before the committee certain bills which had been prepared by the Attorney General, or in the Governor’s office,” etc. Chapter 5, as already stated, was one of those bills. Sufficient has been shown, therefore, to demonstrate that chapter 5 was by the Governor called to the attention of the Legislature, and that the method pursued by him was in all respects sufficient to meet the requirements of our Constitution to which reference has been made.
In view that every reasonable presumption must be indulged by this court in favor of the validity of a
For the reasons stated the judgment of the district court is reversed upon both grounds.