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STATE v. MONAHAN

15 N.J. 34 (1954)

104 A.2d 21

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EUGENE MONAHAN, DEFENDANT, AND MICHAEL MONAHAN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 22, 1954.

Attorney(s) appearing for the Case

Mr. Ira D. Dorian argued the cause for the appellant (Mr. Thomas F. Hueston, attorney).

Mr. H. Russell Morss, Jr., County Prosecutor of Union County, argued the cause for the respondent.

The opinion of the court was delivered by JACOBS, J.

Prompted by mid-Twentieth Century sociological precepts, our Legislature has directed that children under 16 who commit any offenses which would be criminal if committed by adults, shall not be triable in criminal proceedings but shall be dealt with exclusively by our specialized juvenile courts. The legal issue presented to us is whether this clear statutory mandate may be judicially disregarded to enable a first...

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