Appeal from order of County Court of Philadelphia, Juvenile Division, No. 144519, in matter of John Jenkins, a minor by his next friend, Bessie Peele.
Lois G. Forer, attorney-in-charge, with her Ronald M. McCaskill, Staff Attorney, and Almanina Barbour, Senior Attorney, of Community Legal Services, Inc., for appellant.
Edwin D. Wolf, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Hoffman, J.
[ 210 Pa. Super. Page 502]
On February 6, 1967, appellant, John Jenkins, age seventeen, was arrested at his place of employment and charged with the offense of assault and battery, aggravated assault and battery and assault with intent to kill.
[ 210 Pa. Super. Page 503]
A hearing was held on February 10, 1967, before the Honorable John R. Meade in Juvenile Court. After much testimony had been taken, the court made no order but, on its own motion, continued the hearing so that appellant might be represented by counsel. At a second hearing, held on March 2, 1967, appellant was represented by the Community Legal Services Inc. Following this hearing, appellant was adjudicated delinquent and committed to the State Correctional Institution at Camp Hill.
Appellant filed a petition for rehearing pursuant to § 15 of the Juvenile Court Law, Act of June 2, 1933, P. L. 1433, § 15, 11 P.S. § 257, on March 7, 1967. This petition alleged, in substance, that the adjudication was not sustained by the weight of the evidence and was based upon evidence which was not credible. On March 23, 1967, the lower court dismissed the petition, thus denying a rehearing.
We agree with appellant's argument that the court erred in denying his petition for rehearing. Such a rehearing is mandated by § 15 of the Juvenile Court Law, 11 P.S. § 257, which provides in pertinent part: "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. The testimony at such reviews and rehearing shall be taken down and transcribed by an official
[ 210 Pa. Super. Page 504]
court stenographer, which testimony shall be duly made a part of ...