—This is an original action by which the relator seeks a mandate requiring the respondent to sustain his motion for a change of judgе. An alternative write has issued.
It appears that the relator is a boy under the age of *575 sixteen years; that a proceeding was begun against him in the Juvenile Court of Marion County, by affidavit charging that he “did then and there commit an act of delinquency in this, to wit: . . that he committed a specific assault and battery. The cause was set for trial. The relator filed a verified motion for a change of judge, which is in the usual form used in criminal procedure, and is upon the ground of bias and prejudice. The change of judge was denied upon the theory, as we are advised by the respondent, that the action is not an adversary criminal proceeding, but merely a proceeding tо determine whether the relator is a delinquent child as described by the statute, and that, for that reason, he is not entitled to a change of judge.
Respondent suggests that the relator, being an infant, cannot maintain this action in his own name; that it can be maintained only by a next friend or guardian in his behalf. If the proceeding is adversary, and in the nature of a prosecution оf a criminal charge against the relator, the latter position is not well taken, since it is well recognized that infants, when charged with crime, plead in their own names, and that they may appeal in their own names.
The statute, section 9-2803 Burns’ Ann. St. 1933, sectiоn 5697 Baldwin’s Ind. St. 1934, defines a delinquent child as “any boy under the full age of sixteen (16) years and any girl under the full age of eighteen (18) years: Who shall violate any law of this state or any ordinance of a city”; or who shall be guilty of doing any one of a number of specified acts, all of which are commonly recognized as constituting misconduct on the part of young people. The section then continues: “Any boy under the full age of sixteen (16) years or any girl under the full age of eighteen (18) years who shall commit any of the acts herein specified shall be deemed a delinquent child and shall be proceeded against as such in the manner pro *576 vided by law for the prosecution of persons charged with misdemeanors, and, upon conviction thеreof, may be released on probation or may be dealt with by the court in such manner as may appear to bе for the best interest of the child.” Section 9-2814 Burns’ Ann. St. 1933, section 1761 Baldwin’s Ind. St. 1934, provides that a warrant may issue for a child against whom complaint has been filed, and that: “If, upon the trial of any child, it shall appear to the judge of the juvenile court, or the judge thereof sitting in vacation, that such child is guilty of the offense charged, he may withhold judgment,” or order the child placed under publiс or private guardianship, or he “may impose a fine with costs”; and there is a further provision that: “If any child is found guilty of the offеnse charged against it, or appears to be wilfully wayward and unmanageable, the court may commit him or her to the Indiana Boys’ School, the Industrial School for Girls, or to any other state, penal or reformatory institution by law to receive such boy or girl.” It is provided that, when a child is sentenced to confinement in an institution to which adult convicts are sentenced, he shall not be confined in the same building or yard with the adult convicts; and: “That, in every trial of any such child he shall be entitled to а trial by jury of twelve (12) persons if he shall so elect.”
The statute (section 9-2803 Burns’ Ann. St. 1933, section 5697 Baldwin’s Ind. St. 1934, supra,) provides that if a boy or girl commits any of the acts specified in the statute, such child “shall be deemed a delinquent child and shall be proceeded against as such in the manner provided by law for the prosecution of persons charged with misdemeanors.” Persons charged with misdеmeanors are entitled to a change of judge, and the statute, section 9-1301 Burns’ Ann. St. 1933, section 2222 Baldwin’s Ind. St. 1934, does not restrict the right to a change to any court or jurisdiction. Not only the expres *577 sions, but the necessary implications of the act as a whole require the conclusion that, when a child is charged with delinquency, some specific act or conduct must be charged as constituting the delinquency; that the truth of the charge shall be determined in an adversary proceeding; and that the child shall be entitled to a trial,under the rules prescribed for the trial of prosecutions for the commission of misdemeanоrs. It must follow that the child charged is entitled to a change of judge.
The respondent relies upon
Dinson
v.
Drosta
(1907),
The alternative writ heretofore issued is made absolute, and the respondent is ordered to grant the relator’s motion for a change of judge.