Robinson v. State

Court of Appeals of Georgia

Robinson v. State

180 S.E.2d 258, 123 Ga. App. 243, 1971 Ga. App. LEXIS 1178

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1971

Docket45604

StatusPublished

This text of 180 S.E.2d 258 (Robinson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. State, 180 S.E.2d 258, 123 Ga. App. 243, 1971 Ga. App. LEXIS 1178 (Ga. Ct. App. 1971).

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Opinion

Pannell, Judge.

1. Where a juvenile is charged as a delinquent in the juvenile court because of a criminal or quasi-criminal charge against him he must be tried by the court without a jury (Sec. 12 of the Act establishing Juvenile Courts as amended; Ga. L. 1968, pp. 1013, 1028; Code Ann. § 24-2420), [244]*244unless he elects to be tried as an adult as provided in Sec. 4 of the Act establishing juvenile courts as amended by the Act of 1968 (Ga. L. 1968, pp. 1013, 1021; Code Ann. § 24-2409 (1)), which means trial in the court having jurisdiction of the criminal or quasi-criminal charges and not as a delinquent in the juvenile court.

Submitted September 11, 1970 Decided January 20, 1971 Rehearing denied February 2, 1971 — Cert, applied for. J. Ben Shapiro, Jr., for appellant. Lewis R. Slaton, District Attorney, Joel M. Feldman, Tony H. Hight, for appellee.

2. The provisions of Sec. 12 of the Act establishing juvenile courts and providing for trial by the court without a jury is not violative of the Sixth Amendment of the Constitution of the United States (Code § 1-806), or of Art. I, Sec. I, Par. V of the Constitution of the State of Georgia (Code Ann. §2-105). Robinson v. State, 227 Ga. 140 (179 SE2d 248), answer by the Supreme Court to certified question from this court).

3. Accordingly, the juvenile court judge did not err in refusing the demand of the accused for a jury trial in the juvenile court.

Judgment affirmed.

Jordan, P. J., and Eberhardt, J., concur.

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Pannell, Judge.

1. Where a juvenile is charged as a delinquent in the juvenile court because of a criminal or quasi-criminal charge against him he must be tried by the court without a jury (Sec. 12 of the Act establishing Juvenile Courts as amended; Ga. L. 1968, pp. 1013, 1028; Code Ann. § 24-2420), [244]*244unless he elects to be tried as an adult as provided in Sec. 4 of the Act establishing juvenile courts as amended by the Act of 1968 (Ga. L. 1968, pp. 1013, 1021; Code Ann. § 24-2409 (1)), which means trial in the court having jurisdiction of the criminal or quasi-criminal charges and not as a delinquent in the juvenile court.

Submitted September 11, 1970 Decided January 20, 1971 Rehearing denied February 2, 1971 — Cert, applied for. J. Ben Shapiro, Jr., for appellant. Lewis R. Slaton, District Attorney, Joel M. Feldman, Tony H. Hight, for appellee.

2. The provisions of Sec. 12 of the Act establishing juvenile courts and providing for trial by the court without a jury is not violative of the Sixth Amendment of the Constitution of the United States (Code § 1-806), or of Art. I, Sec. I, Par. V of the Constitution of the State of Georgia (Code Ann. §2-105). Robinson v. State, 227 Ga. 140 (179 SE2d 248), answer by the Supreme Court to certified question from this court).

3. Accordingly, the juvenile court judge did not err in refusing the demand of the accused for a jury trial in the juvenile court.

Judgment affirmed.

Jordan, P. J., and Eberhardt, J., concur.

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Bluebook (online)

180 S.E.2d 258, 123 Ga. App. 243, 1971 Ga. App. LEXIS 1178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-gactapp-1971.

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