State v. Packenham

Citations

• 40 Wash. 403
• 82 P. 597
• 1905 Wash. LEXIS 992

Syllabus

<p>Criminal Daw — Youthful Offenders — Certification of Proceedings to Superior Court — Jurisdiction. Under Bal. Code, §§ 6722, 6724, upon the conviction before a justice of the peace of a boy between the ages of 8 and 16 years, for disturbing a public school, it is the duty of the justice to certify the proceedings to the superior court for the purpose of determining whether the offender is a fit subject for the reform school; and in such case the justice has jurisdiction of the offense, and there is no trial before the superior court for the purpose of ascertaining the guilt or innocence of the accused.</p> <p>Jury — Right to Trial by Jury. A youthful offender tried before a justice of the peace for the offense of disturbing a public school waives his right to a jury trial by not demanding the same before the justice.</p> <p>Criminal Daw — Disturbing School — Statutes — Construction. Daws 1903, p. 328, prescribing a penalty for disturbing a public school by any “person” applies to and includes a “pupil” of such school who was not attending the school at the time the offense was committed and was outside of the school building.</p> <p>Appeal — Record—Statement of Facts. Upon an appeal from a judgment of the superior court, upon the certification of proceedings before a justice of the peace, wherein a youthful offender was convicted of disturbing a public school, errors during the progress of the hearing cannot he reviewed in the absence of a statement of facts.</p> <p>Statutes — Title—Sufficiency. Laws 1903, p. 325, entitled, an act relating to the public schools, defining certain offenses and providing penalties, is not open to the objection that it embraces more than one subject which is not expressed in its title, by reason of including, in the general law pertaining to school matters provisions prescribing a penalty for minor offenses relating to the public schools.</p> <p>Criminal Law —■ Youthful Offenders — Hearing in Superior Court — Failure to Appeal. A boy