Ex parte Becknell

Citations

• 119 Cal. 496
• 51 P. 692
• 1897 Cal. LEXIS 928

Syllabus

<p>Habeas Corpus—Unlawful Commitment of Minor to Whittier State School—Charge of Burglary—Absence of Jury Trial—Failure to Notify Parents.—Where a minor was accused before the grand jury of the crime of burglary, and, upon recommendation of the grand jury, was committed by the superior court to the custody of the Whittier State School, without trial by jury, and upon evidence taken before the court, in the absence of his parents, who were not notified of the hearing, such commitment is void, and the minor must be discharged upon habeas corpus from the custody of the superintendent of said state school, and restored to the custody of his parents.</p> <p>Id.—Accusation of Crime—Right to Jury Trial—Change of Guardianship of Minor—Parties.—A minor accused of crime cannot be committed as a criminal to the Whittier State School without a trial by jury; nor can such minor be awarded to the guardianship of such school, as against his parents, who are his natural guardians, except in a proceeding in which they are made parties, and in which it is shown that they are unfit, or unwilling, or unable to perform their parental duties.</p>