
    POWELL v. STONE, Sheriff.
    Supreme Court of Florida, Division B.
    July 10, 1936.
    M. S. McGregor, of De Land, for plaintiff in error.
    Cary D. Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for defendant in error.
   BUFORD, Justice.

The writ of error in this case brings for review judgment of the circuit court in and for Volusia county, Fla., in habeas corpus proceedings remanding .to the custody of the sheriff a minor child under 17 years of age who had been convicted in the court of the justice of the peace of the Fourth district of Volusia county of the offense of assault and battery, and sentenced to pay a fine of $15, and, in default thereof, to serve 30 days in the county jail.

It is the contention of the plaintiff in error that a justice of the peace may not commit to jail to serve a penal sentence a minor under 17 years' of age who has been charged with a criminal offense and convicted of such offense in the court of the justice of the peace. This contention is supported by the opinion and judgment in the cases of Ex parte Elmo Kitts, a Minor, 109 Fla. 202, 147 So. 573, and State ex rel. Stiegel v. Chapman, 119 Fla. 347, 161 So. 424.

On authority of the opinions and judgments in those cases, the judgment herein is reversed and the cause remanded, with directions that the said Janie Powell he produced before the juvenile court for further proceedings not inconsistent with this judgment.

So ordered.

ELLIS, P. J., and TERRELL, J., concur.

WHITFIELD, C. J., and BROWN and DAVIS, JJ., concur in the opinion and judgment.  