State v. Melton
State v. Melton
Opinion of the Court
Relator asks that the judge of the district court for the parish ofWinn be prohibited from trying him upon a charge of “willfully assaulting, beating, and wounding G. C. Gaar,” upon the ground that there is pending against him another and later charge of “willfully, maliciously, with a dangerous weapon and with intent to kill” said Gaar, inflicting upon him a wound less than mayhem, and that he eahnot legally be forced to trial upon the one charge while the other is pending, since both charges have arisen out of the same affair, and he might thereby be twice placed in jeopardy with respect thereto. He also alleges “that he is a minor, only 14 years old, and, under the law, cannot be tried, he being exempt from trial, under the juvenile act and laws of the state,” etc.
The staying order herein made is therefore rescinded, and this application is dismissed at the cost of relator.
Reference
- Full Case Name
- STATE v. MELTON. In re MELTON
- Status
- Published
- Syllabus
- (Syllabus by the Court.) 1. Criminal Law &wkey;>84— Juvenile Court Law. In parishes to which the provisions of the Constitution relating to juvenile courts have not been extended, as thereby authorized, the criminal jurisdiction, as conferred upon other courts, by other articles of the Constitution, remains unaffected. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 115-124; Dec. Dig. &wkey;>84.] 2. Prohibition Where a court has unquestionable and unquestioned jurisdiction quoad a particular offense, prohibition will not lie to prevent its exercise, upon the complaint that the defendant may thereafter be brought to trial upon another pending charge, and thus placed twice in jeopardy. [Ed. Note. — For other cases, see Prohibition, Cent. Dig. § 35; Dec, Dig.