Com. v. Owens

• Decision Date: 27 June 1969
• Citation: 254 A.2d 639,435 Pa. 96
• Parties: COMMONWEALTH of Pennsylvania v. Gerald Maxwell OWENS, Thomas R. McKnight, Joseph C. McKnight, Kenneth McIntyre, and John T. McKnight. Appeal of Kenneth McINTYRE.
• Court: Pennsylvania Supreme Court

Page 639

254 A.2d 639

435 Pa. 96

COMMONWEALTH of Pennsylvania v. Gerald Maxwell OWENS, Thomas R. McKnight, Joseph C McKnight, Kenneth McIntyre, and John T. McKnight Appeal of Kenneth McINTYRE.

Supreme Court of Pennsylvania.

June 27, 1969.

As Corrected June 30, 1969.

James P. McHugh, James E. DelBello, Chester, for appellant.

Stephen J. McEwen, Jr., Dist. Atty., Vram Nedurian, Jr., Ralph B. D'Iorio, Asst. Dist. Attys., Media, for appellee.

Before BELL, C.J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS, and POMEROY, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellant, charged with the murder of one John Edward Gentry on July 3, 1968, was brought before a magistrate who transferred him to the custody of the juvenile court on November 11, 1968. On January 27 and February 3, 1969, a hearing was held in the juvenile court and appellant was certified to the district attorney for transfer to the criminal court. Appellant, who was represented by court-appointed counsel, petitioned for a rehearing, claiming the benefit of the Act of June 2, 1933, P.L. 1433, § 15, 11 P.S. § 257. The petition was dismissed, rehearing was refused, and appellant has appealed.

11 P.S. § 257 provides:

'Within twenty-one (21) days after the Final order of any judge of the juvenile court, Committing or placing any dependent, neglected or delinquent child, such child shall, as a matter of right, by his or her parent or parents or next friend, have the right to present to the court a petition to have his or her case or cases reviewed and reheard, if, in the opinion of such parent, parents, or next friend, an error of fact or of law, or of both, has been made in such proceedings or final order, or if the said order has been improvidently or inadvertently made.

'Upon the presentation of such petition, the court shall grant such review and rehearing as a matter of right * * *.' (Emphasis added.)

While it is true that a rehearing is guaranteed to a juvenile as a matter of right under 11 P.S. § 257, see Jenkins Appeal, 210 Pa.Super. 501, 234 A.2d 49 (1967), 11 P.S. § 257 does not apply to the case before us. The statute in question covers Only the case where there is a 'final order * * * committing or placing' a juvenile. No such order is present here. We believe that 'committing or placing' as used in 11 P.S. § 257 envisions an order of the juvenile court judge 'placing' the juvenile in a home or institution. Here there is neither a final order nor has the juvenile been placed in or committed to anything. The case in which he is involved has merely been certified to the district attorney to be transferred to the criminal court.

The rationale behind allowing the juvenile a rehearing as of right under 11 P.S. § 257 rests largely on the need for careful discretionary action by the juvenile court judge in 'placing' the juvenile in a way 'which serves the best interests of both the child and society.' Jenkins Appeal, supra, at 505, 234 A.2d at 52. Here however, no such discretion is involved. The judge's only responsibilty in a case involving felonious...