CRIMINAL LAW AND PROCEDURE - EXTRADITION OF A JUVENILE DELINQUENT

The state of Georgia, by an acting justice of peace of a county, charged a thirteen-year-old boy with the crime of assault with intent to murder. Under the Georgia Criminal Code the offense was punishable by imprisonment in the penitentiary for a term of two to ten years. The boy was found in the state of New York, whereupon the governor of Georgia sent a requisition for extradition to the governor of New York. The boy defendant brought a habeas corpus proceeding in a New York court to obtain release from custody under the extradition warrant.

Held, the defendant could not be extradited as a "criminal," because he could be tried solely as a juvenile delinquent under the laws of Georgia. People v. Butts, (S. Ct. 1939) 14 N. Y. S. (2d) 881.