People v. Jones

STEPHENS, J. This is an appeal from a judgment of the juvenile court1 finding the minor to come within the provisions of section 602 of the Welfare and Institutions Code and declaration of wardship.2

On August 19, 1965, a petition was filed in the juvenile court alleging that one Jimmie Jones, a minor, came within [242]the provisions of section 602. The petition alleged that on August 17, 1965, Jimmie Jones wilfully and unlawfully attempted to set fire to, or caused to he burned, the building of a Thrifty Drug Store, thereby violating sections 664 and 447a of the Penal Code (attempted arson).3 On September 8, 1965, Jimmie and his mother appeared for hearing on the petition before the juvenile court and at that time were represented by the public defender.4

After hearing testimony, the allegations of the petition were found to he truc, and the petition was sustained. The court found that the welfare of Jimmie required his custody to be taken from his parents, and so ordered. Declaration of wardship was made. After consideration of the probation officer’s report as received in evidence, Jimmie was ordered recommitted to the California Youth Authority.5

The facts are that on August 17, 1965, in the area of Vermont Avenue and Jefferson Boulevard, Los Angeles. Jimmie was observed by James C. Watts of the Los Angeles Police Department. The time was shortly before 7 p.m., the area was within that of the Watts Biot, and the date was within the dates of that disaster. Jimmie was seen standing next to a large, trash bin which was adjacent to the rear of a Thrifty Drug Store. An unidentified minor was some 20 to 25 feet removed from the bin at the time Jimmie was first observed by Officer Watts. Both minors commenced to hurriedly walk away, into a crooked-type alley and around the corner. Officer Watts called for them to return, which they did.

The unidentified minor was carrying two or three boxes which he related he had taken from the trash bin. Officer Watts directed these to be left. Jimmie stated he was “just looking,” when asked what he was doing. The officer told Jimmie to get out of the area and to stay out. All three left the vicinity of the bin, going in different directions. Very [243]