Knight v. Superior Court of Tehama County

PEEK, J.

Petitioner seeks to restrain the Superior Court of Tehama County from further proceedings in an action wherein petitioner and three other juveniles are charged with the commission of certain criminal offenses.

The record before us shows that following the arrest of petitioner and his codefendants a hearing was had in the Justice’s Court of Red Bluff Township in the county of Tehama, at which time it appeared that when the alleged offenses were committed petitioner was under the age of 18 years, to wit, 15 years, and that thereupon the matter was certified to the Juvenile Court of Tehama County. During the hearing in that court the report of the probation officer was filed which, among other things, recommended that the petitioner be returned -to the certifying court. After some discussion between court and counsel concerning the report the court made its order returning petitioner and his codefendants to the justice’s court for further proceedings. At the preliminary hearing in the justice’s court petitioner, through his court-appointed counsel, objected to any proceeding therein upon the grounds that said court had no jurisdiction over him in that (1) under section 834 of the Welfare and Institutions Code as adopted in 1949, no court other than the juvenile court has jurisdiction of a minor under the age of 16 years who is charged with the commission of a crime, and (2) that in any event the juvenile court did not find petitioner an unfit subject for consideration by said juvenile court. The objections were overruled and petitioner was held to answer in the superior court. Upon petitioner’s arraignment in the superior court his counsel moved that the matter be transferred to the juvenile court and again ob

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jected to a hearing in that court upon the ground that only the juvenile court had sole jurisdiction of the case for the reasons heretofore mentioned. The superior court denied his motion and objection and set the matter for trial, whereupon petitioner filed this proceeding.

His argument in support of his first contention is that while the juvenile court could, prior to the adoption of said section 834, transfer criminal proceedings involving anyone under the age of 18 years to the appropriate court, the Legislature, in adopting said section, indicated its intention that the juvenile court could