114 Kan. 712 | Kan. | 1923
The opinion of the court was delivered by
This is a proceeding in habeas corpus originally brought in the probate court of Ellsworth county by Romeo Swehla tp obtain the release of his son, Joseph Swehla, from the custody of H. B. Malone, the city marshal of the city of Ellsworth.
Joseph Swehla was prosecuted in the police court of the city of Ellsworth for driving an automobile through the public streets of the city at an excessive rate of speed in violation of a city ordinance. He was arrested and brought before that court where a trial
It is alleged and not specifically denied that Joseph was less than sixteen years of age, and the proceedings in the police court do not show that any inquiry was made as to his age. It is contended by the petitioner that under the juvenile court act when a minor under sixteen years of age is arrested, he must be taken at once before the juvenile court and no justice of the peace or police magistrate shall have jurisdiction of the offense charged, but he shall transfer the case to the juvenile court, and that no punishment or penalty can be imposed against delinquents under the age of sixteen years by any other court or officer other than the judge of the juvenile court. (Gen. Stat. 1915, §§ 3075, 3077, 3078.) It is therefore insisted that the minor being under sixteen years af age the police court was without jurisdiction and that its judgment is absolutely void.
On the other hand the city contends that, the defendant is not entitled to the remedy of habeas corpus as a final judgment was rendered against him in the police court and the judgment rendered determined every question including the age of the minor, and however erroneous or irregular or whatever lack of evidence there may have been, the judgment must be sustained as against an attack by habeas corpus. The appellee argues that since it appears that a complaint was filed, a warrant issued, an arrest made and the prisoner brought before the court where a trial was had, and a judgment rendered imposing a fine it must be presumed and held that the court had jurisdiction of his person and of the subject mat
“Thereupon the city introduces its evidence and rests. Thereupon the defendant makes a statement in his own behalf. Thereupon the court, being fully advised in the premises, finds that the defendant has violated the ordinance of the city of Ellsworth as charged in said complaint and he is guilty of the offense charged in said complaint and is subject to the penalty provided for in the said city ordinance. Thereupon the defendant is asked if he has any cause to show why the judgment of the court should not be pronounced against him and none appears.”
These recitals were followed by the judgment imposing a fine and committing him to jail until the fine and costs were paid.
If the child prosecuted and convicted was under the age of sixteen years, the police court was absolutely without jurisdiction to try the case. The statute vests the juvenile court with exclusive jurisdiction of all cases where children under that age are charged with criminal offenses. (Laws 1905, ch. 190; Laws 1917, ch. 154; The State v. Dunn, 75 Kan. 799, 90 Pac. 231). It has been decided that:
“A judgment rendered with jurisdiction can never be impeached in a collateral proceeding; but a judgment rendered without jurisdiction may. In fact, a judgment rendered without jurisdiction is no judgment at all.” (Mastin v. Gray, 19 Kan. 458, 466.)
No finding made by a court which is prohibited by law from taking jurisdiction in trying a case is of any force or effect.
The contention that because the police court assumed jurisdiction and tried and determined the case, the law will presume that it acted within its authority, cannot be upheld. The presumption of verity and validity accorded to judgments of superior courts of general jurisdiction, does not apply to inferior courts of special and limited jurisdiction. It has been held that even judgments of superior courts may be impeached collaterally and by extrinsic evidence where there is a lack of jurisdiction. (Foreman v. Carter, 9 Kan. 674; Hanson v. Wolcott, 19 Kan. 207; Mastin v. Cray, supra; Ewing v. Mallison, 65 Kan. 484, 70 Pac. 369.) However, the police
“The jurisdiction of the court and the legality of the sentence are open to inquiry in habeas corpus, and if it appeared from the face of the record that Wallace was less than sixteen years of age the sentence would be illegal and he would be entitled to a discharge in this proceeding.” (p. 434.)
Here the judgment was rendered by an inferior court and the presumption that it had jurisdiction of the person and subject matter cannot be indulged. Besides, the judgment itself did not contain a recital of the jurisdictional facts. Again, the district court de
The judgment of the district court is therefore reversed with the direction for the discharge of Joseph Swehla.