Summary
In State v. Zenzen, 178 Minn. 394, 227 N.W. 356, it was held that an appeal does not lie from a decision of juvenile court in proceedings pursuant to statute which do not provide for an appeal.
Summary of this case from In re SantillanesOpinion
No. 27,492.
November 1, 1929.
Appeal does not lie to review decision of juvenile court.
An appeal does not lie to review a decision of the juvenile court acting under G. S. 1923, c. 73A, as amended, 2 Mason, 1927, id.
Defendant appealed from an order of the district court for Hennepin county, Guilford, J. denying her motion for a new trial. Appeal dismissed.
John G. Priebe, for appellant.
Floyd B. Olson, County Attorney, and William C. Larson, Assistant County Attorney, for the state.
In this case a 16-year old girl was adjudged to be a delinquent child and she was ordered committed to the Hennepin County Home School for Girls until the further order of the court. The appeal is from an order denying a new trial. May a review be had by appeal?
Juvenile delinquents are not criminals. Peterson v. McAuliffe, 151 Minn. 467, 187 N.W. 226; G. S. 1923, § 8636, as amended, 2 Mason, 1927, id. Proceedings involving juvenile delinquents are had pursuant to G. S. 1923, c. 73A, as amended, 2 Mason, 1927, id. which fails to provide for an appeal. The legislature did not give that right. Unless such right is given expressly or by implication, it does not exist. It is not an inherent right. The right of appeal was unknown to the common law. Perhaps the legislature did not consider an appeal necessary. In such a proceeding the state intervenes primarily in the interest of the child and secondarily in the interest of society. The act does not provide machinery for guarding the interest of the child upon an appeal. We think the character of the proceeding and the language of the statute lead to the conclusion that there is no appeal. The authorities so hold. 31 C.J. 1109; Van Leuven v. Ingham Circuit Judge, 166 Mich. 115, 131 N.W. 531; Dinson v. Drosta, 39 Ind. App. 432, 80 N.E. 32; Marlowe v. Commonwealth, 142 Ky. 106, 133 S.W. 1137; State v. Bockman, 139 Tenn. 422, 201 S.W. 741; People v. Piccolo, 275 Ill. 453, 114 N.E. 145; Fowler v. Fowler, 24 Cal.App. 529, 141 P. 1053; Ex parte Bartee, 76 Tex. Cr. 285, 174 S.W. 1051; Cullins v. Williams, 156 Ky. 57, 160 S.W. 733. Certiorari may be available. State ex rel. Williams v. Juvenile Court, 163 Minn. 312, 204 N.W. 21. Habeas corpus may be available. Peterson v. McAuliffe, 151 Minn. 467, 187 N.W. 226.
Appeal dismissed.