United States ex rel. Schornbach v. Behrendsohn

Citations

• 197 F. 953
• 1912 U.S. Dist. LEXIS 1514

Syllabus

<p>L Infants (§ 12*) — Custody—Juvenile Delinquents.</p> <p>Acts La. 1908, No. 83, creating the juvenile court, and providing that proceedings therein shall be instituted by affidavit against the child, is not invalid on the theory that a child of tender years cannot stand in judgment.</p> <p>[Ed. Note. — For other cases, see Infants, Cent. Dig. § 13; Dec. Dig. § 12.*]</p> <p>2. Infants (§ 66*} — r resumptions — Incapacity for Crime — Children.</p> <p>The presumption at common law that a child of tender years was incapable of crime only extended to children under seven.</p> <p>[Ed. Note. — Eor other cases, see Infants, Cent. Dig. § 172; Dee. Dig. § 66.*]</p> <p>3. Infants (§ 12*) — -Custody—Juvenile Court Act.</p> <p>Since Civ. Code La. art. 305, provides that a father may be excluded from the tutorship of his child for notoriously bad conduct and for other reasons, Louisiana Juvenile Court Act (Acts 1908, No. 83), providing that a parent may forfeit his right to the custody of a child if he is derelict in his duty toward the child, is not in conflict with the Code, or unconstitutional as impairing the inalienable right of a parent to the custody of a child.</p> <p>[Ed. Note. — For other cases, see Infants, Cent. Dig. § 13; Dec. Dig. § 12.*]</p>