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COMMONWEALTH v. HODOVANICH (03/20/69)

decided: March 20, 1969.

COMMONWEALTH
v.
HODOVANICH, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Beaver County, Feb. T., 1966, No. 175, in case of Commonwealth of Pennsylvania v. Robert Hodovanich.

COUNSEL

Joseph M. Stanichak, for appellant.

J. Tosh, Assistant District Attorney, with him Robert C. Reed, Assistant District Attorney, and John G. Good, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Spaulding, J. Wright, P. J., and Watkins, J., would affirm the judgment of sentence.

Author: Spaulding

[ 214 Pa. Super. Page 131]

On December 14, 1966, appellant Robert Hodovanich was convicted of assault and battery by a jury

[ 214 Pa. Super. Page 132]

    in the Court of Quarter Sessions of Beaver County. This is an appeal from the appellant's motions in arrest of judgment and for a new trial.

Appellant's conviction arises from an incident occurring during a sandlot basketball game on November 13, 1965, in which he was a participant. After the game had been in progress for about 1 hour, the appellant committed a foul on a member of the opposing team. The ball was taken to the sidelines to be put into play. Dennis Golixer, a member of the opposing team, threw the ball and stumbled as he ran onto the court. His momentum caused him to strike appellant in the rear. Appellant whirled around, grabbed Golixer by the shoulder and struck him in the face with a closed fist. Golixer was hospitalized for 31 days as a result of the blow.

Appellant was 16 years of age when the assault occurred and was subject to the jurisdiction of the Juvenile Court of Beaver County. In the course of an investigation by juvenile probation officers, a meeting was held with appellant and his father and attorney, during which appellant admitted that he had struck Golixer. Subsequently in April 1966 the proceedings against appellant were certified to the Court of Quarter Sessions. At trial, a juvenile probation officer testified to the admission made by appellant during the juvenile court investigation. The principal argument advanced by appellant in support of his motion for a new trial is that the court erred in allowing this testimony.

Section 19 of the Juvenile Court Law, Act of June 2, 1933, P. L. 1433, 11 P.S. ยง 261, provides:

"No order made by any juvenile court shall operate to impose any of the civil disabilities ordinarily imposed by the criminal laws of the Commonwealth, nor shall any ...


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