28 A.2d 702 | Pa. Super. Ct. | 1942
Argued September 28, 1942.
A history of this case and a review of the essential facts prior to the present controversy appear in the opinion in the first appeal,
The Juvenile Court Act (June 2, 1933, P.L. 1433, with its amendments,
The juvenile court in the present case clearly had the authority, after it had assumed jurisdiction, to commit the delinquent who was almost 18 years of age, to a state industrial school or to direct a prosecution on the charge of a misdemeanor in the quarter sessions; but it could not do both. Under ordinary circumstances an order holding a delinquent to bail for the grand jury or certifying the case to the district attorney, ends the jurisdiction of the juvenile court and nullifies an order of commitment to a correctional institution. We would so hold in this case except for the reasons assigned by the juvenile court for directing the criminal prosecution.
In our former opinion we said: "The municipal court, in the boy in question, no doubt, was dealing with a difficult subject; the processes of a juvenile court, perhaps, were inadequate" and again: "He might have, and perhaps should have been indicted for that misdemeanor in a court of quarter sessions." The juvenile court found in this language a direction to certify the case to the quarter sessions. That is not our function and we intended no more than to emphasize the importance of determining whether a delinquent child is, in fact, a fit subject for reformation. If not, the interests of the State require prosecution for the criminal offense. This is a question to be decided by the juvenile court after investigation or hearing in the exercise of its discretion. Since the court has found that commitment to White Hill is appropriate in this case, and held the child to bail only because of a mistaken belief that we had directed it, we will reform the order to conform with the judgment of the court as to what it considered a proper disposition of the case.
The order is modified by striking out that part of it holding the minor to bail and, as modified, the order is affirmed. *495