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BROOKS v. TAYLOR

154 A.2d 386 (1959)

George L. BROOKS, Appellant, v. C. Arthur TAYLOR, A. Wayne Burton, Harold L. Springer, Robert P. Barnett, Robert G. Hackett, George Ehinger, Karl K. Brown, being and comprising the Delaware State Board of Corrections, and Elwood H. Wilson, Director of the Delaware State Board of Corrections, Appellees. Edward J. CARPENTER and Nathan Watson, Petitioners, v. SUPERIOR COURT of the State of Delaware IN AND FOR NEW CASTLE COUNTY and the Honorable Andrew D. Christie, Sitting as Judge of Said Court, Respondent, and the State of Delaware, ex rel. Januar D. Bove, Jr., Attorney General, Intervening Respondent.

Supreme Court of Delaware.

September 18, 1959.

Attorney(s) appearing for the Case

John P. Sinclair, of Berl, Potter & Anderson, Wilmington, for appellant Brooks.

Harvey B. Rubenstein, Wilmington, for petitioner Carpenter and Howard M. Handelman, Wilmington, for petitioner Watson.

Joseph J. Longobardi, Jr., Deputy Atty. Gen., for the State.

Herbert L. Cobin, Wilmington, for Prisoners Aid Society of Delaware and Sol Rubin, New York City, for National Probation and Parole Ass'n, amici curiae, granted leave to file a brief.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The essential question in these cases concerns the jurisdiction of the Family Court of New Castle County over a charge of rape against youths less than eighteen years of age.

A subsidiary question concerns the jurisdiction of the Family Court to discharge by habeas corpus youths held for the Superior Court and indicted in that court.

The facts are as follows:

On July 26...

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