In Re Dargo

SHINN, Acting P. J.

The mother of Fridolin J. Dargo, a minor, and the minor, appeal from an order of the juvenile court redeclaring the minor a ward of the juvenile court under section 700, subdivision (m) of the Juvenile Court Law [Welf. & Inst. Code], and recommitting the minor to the Youth Authority for further institutional training.

A petition to have the minor declared a ward of the juvenile court under section 700, subdivision (m), of the Juvenile Court Law, was filed by an officer of the Los Angeles Police Department on December 1, 1947. The petition bears No. 112703, under which number previous petitions to have the minor declared a ward of the juvenile court had been filed. (See

In re Dargo,

81 Cal.App.2d 205 [183 P.2d 282], for further light upon the activities of the minor.) The petition alleged that the minor was 15 years of age; that he was a person defined in subdivision (m) of section 700 of the Juvenile Court Law; that on November 25, 1947, he committed an assault upon Dewey Bunch with a deadly weapon or instrument by striking Bunch on the head with a heavy wrench.

The matter came on for hearing before a referee of the juvenile court on December 22, 1947, after due notice to the mother and stepfather of the minor, who were present at the hearing. The allegations of the petition were denied by the minor, represented by counsel, and he declined to put on any witnesses or to testify on his own behalf. Police Officers Lewis and Suit testified. Dewey Bunch testified concerning the details of the assault upon him and identified the minor as the person who struck him with the wrench. The wrench which was found near the scene of the attack was produced. Based upon the testimony of these witnesses, the referee found that the allegations contained in the petition were true; that the assault was unprovoked; that the minor was of the age of 16 years on May 13, 1947; that he was a fit and proper person to come within the provisions of section 700, subdivisions (b) and (m) of the Juvenile Court Law; that the minor had been before the juvenile court on a number of occasions

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in the past, had been declared a ward of the juvenile court under section 700, subdivisions (b) and (m), and had been committed to the Youth Authority and placed by it in the Fricot Ranch Camp for Boys and in the Nelles School for Boys at Whittier, from which school he had been released in November, 1947; that the minor had been home on parole approximately two weeks before the present offense was committed, during which time he had made a satisfactory record. The referee recommended that the minor be “re-declared a ward of the Juvenile Court under subdivision (m), section 700 of the Juvenile Court Law; that he be declared in violation of his parole and that he be released to the Youth Authority for further institutional training.” These findings and recommendations of the referee were adopted and approved on December 24, 1947, by a judge of the superior court sitting as a judge of the juvenile court, and an order made in accordance therewith.