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State v. Smigelski

Decided: May 10, 1948.

STATE OF NEW JERSEY, DEFENDANT,
v.
FREDERICK WALTER SMIGELSKI, PROSECUTOR



On writ of certiorari.

For the prosecutor, Anthony A. Calandra.

For the defendant, Horace K. Roberson, John J. Grossi and William P. Gannon.

Before Justices Donges, Colie and Eastwood.

Donges

The opinion of the court was delivered by

DONGES, J. Certiorari was allowed to review the action of the Hudson County Court of Oyer and Terminer in refusing to quash an indictment for murder or to transfer the matter to the Juvenile and Domestic Relations Court of Hudson County.

Prosecutor was indicted by the grand jury of Hudson County for the murder of John Joseph Preston, Jr., at the Town of Harrison, Hudson County, on September 12th, 1947. The indictment was presented to the Hudson County Court of Oyer and Terminer on October 14th, 1947. On October 31st, 1947, prosecutor was arraigned in that court, where objection was made by prosecutor, through his counsel, that the court was without jurisdiction to arraign prosecutor because

he was a juvenile under the age of eighteen years, being fourteen years and one month old when the alleged crime was committed, and that the Juvenile and Domestic Relations Court had exclusive jurisdiction of the matter. Prosecutor stood mute and refused to plead to the indictment. Thereupon the presiding judge directed that a plea of not guilty be entered to the indictment.

Prosecutor urges that under R.S. 9:18-12 as amended by chapter 77 of the laws of 1946, exclusive jurisdiction was given to the Juvenile and Domestic Relations Court.

The act provides:

"9:18-12. The juvenile and domestic relations court shall have exclusive jurisdiction to hear and determine all cases of juvenile delinquency.

"Juvenile delinquency is hereby defined as the commission by a child under eighteen years of age of any act which when committed by a person of the age of ...


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