PEOPLE EX REL. DOWNIE v. JACKSON


286 A.D. 1131 (1955)

The People of the State of New York ex rel. Herbert Downie, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1955.


Appellant was thirteen years of age at the time the crime was committed, and fourteen years of age when sentenced. It is without dispute that in 1943, when appellant was sentenced, a defendant over the age of seven years could legally be tried and sentenced for murder. In 1949 the law was changed by legislative enactment so that a child under the age of fifteen years must be dealt with as a juvenile delinquent. Appellant contends...

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