People v. Batey

SCHOTTKY, J.

Hillary Ronald Batey has appealed from an order of the juvenile court declaring him a ward of said court and that he be detained at juvenile hall for 10 days.

Appellant, a 16-year-old boy, was arrested on charges of assault and battery after he injured another minor in a fight. The case was transferred to the juvenile court wherein a petition was filed by the probation officer alleging that appellant was guilty of assault, battery, disturbing the peace, driving at 40 miles per hour in a 25-mile per hour zone, and driving a motor vehicle with excessive exhaust noise. The probation officer recommended that appellant be made a ward of the juvenile court; that he be detained at juvenile hall for one week; that he pay his victim’s medical expenses; and that he be deprived of his driver’s license for 30 days. The juvenile court after a hearing declared appellant to be a ward of the court and ordered that he be detained in juvenile hall for 10 days and that he be deprived of his driver’s license for 30 days. That order has been stayed by a writ of supersedeas pending this appeal.

Appellant contends that the court’s order is void because there was no finding that appellant’s parents were incapable of or had failed to provide proper maintenance or that appellant’s welfare required that his custody be taken from his parents as required by section 739 of the Welfare and Institutions Code; that error occurred because the court did not permit him to cross-examine the probation officer; that he was not guilty of assault and battery as his victim accepted his challenge to fight; and that he was not guilty of disturbing the peace as no other person or neighborhood was disturbed.

Respondent replies that detention for 10 days in juvenile hall would not deprive appellant’s parents of his custody so no finding was required under section 739 of the Welfare and Institutions Code; that cross-examining the probation officer would not have altered the result; that the victim of appellant’s assault and battery could not legally give his consent to the assault; that the peace was disturbed because persons witnessed the fight; and that in any event the peace of the victim was disturbed.

Appellant’s principal contention is that the court’s order is unsupported by any finding or evidence that his welfare "re

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