In Re Barajas

BARNARD, P. J.

These are appeals from orders making three boys wards of the juvenile court, and ordering them committed to the Youth Authority. One of the boys was 13 years old and the other two were 14 years old. All three matters were heard together and the appeals are presented on one reporter’s transcript and one set of briefs, with separate clerk’s transcripts.

Each petition alleges as facts bringing the minor within the provisions of subdivision m of section 700 of the Welfare

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and Institutions Code, that at 11 p.m. on June 27, 1951, in company with the other minors, he assaulted the person of a girl, 15 years old, by means of force likely to produce great bodily injury. At a hearing on July 13,1951, the chief of police of Coachella, who filed the petitions, testified as to the story told to the officers by the girl, and that he had had no prior difficulty with any of the boys. When asked by the probation officer if it was his opinion that these boys could be controlled at home the court refused to let him answer, saying that this question called for a conclusion and was one for the court to decide. Briefly summarized, the boys testified that they were together and saw this girl; that two of them knew her; that one of them started to walk home with her and the others followed some half block behind; that the others came up and they all felt of her breasts; that she fell down on one knee and got up right away; and that they did not otherwise molest her.

The court continued the hearing to July 20, and ordered the girl brought in. She then testified that one of the boys asked to walk home with her, and the others followed a half block away; that the boy who was with her grabbed her by the arms and knocked her to the ground; that the other boys came up; that they all felt her breasts through the waist, and one of them put his hands between her legs; that they did not put their hands on her bare skin; that no attempt was made to disturb her clothes; that she tried to get away, and the boy holding her let her go; and that when she jumped up she ran and yelled for her father.

At the conclusion of her testimony the probation officer suggested that the parents were there if the court eared to hear from them. The court expressed his lack of patience with boys that go in gangs and attack girls, pointed out what this sort of thing might lead to, and said that this was the type of offense that the court must stop right at the beginning. He then stated that he would find the allegations of the petitions to be true, that each boy would be declared a ward of the juvenile court, and that each would be committed to the Youth Authority. The probation officer then said that some of the parents wanted to make a statement, if the court would listen to what they had to say. The court replied that he did not see how any such statement could affect his finding. Orders were entered the same day making these minors wards of the juvenile court and committing them to the Youth Authority.