In re Litdell

232 So. 2d 733 (1970)

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In re Litdell

Mississippi Supreme Court
232 So. 2d 733 (1970)

Facts

Jon Henry Litdell (defendant) was adjudged delinquent and placed on probation by a youth court and allowed to remain in his mother’s custody. The youth court had ordered the least restraint and the slightest oversight in hopes that this would be an adequate disposition. However, while on probation, Litdell was taken into custody for committing assault and battery twice, shoplifting, car prowling, and causing a disturbance in public. As a result, a petition was filed seeking the revocation of Litdell’s probation due to engaging in acts that would be felonies if they were committed by an adult. The youth court revoked Litdell’s probation. Litdell appealed, arguing that because he had not violated an express probation condition and he had not been convicted of a crime, the youth court was not empowered to revoke his probation or alter the conditions of his probation. In contrast, the state argued that if a youth court adjudged a youth delinquent and placed the youth on probation, the probation contained an implied condition of good behavior.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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