In Re Samuel C.

Fare v. Samuel C.

Good Law
141 Cal. Rptr. 431·1977 Cal. App. LEXIS 1924·74 Cal. App. 2d 351·74 Cal. App. 3d 351
Court of Appeal of CaliforniaOctober 24, 1977Crim. 29334California3,565 words

Opinion

Opinion

Ashby, J.

Appellant was found to be a person described by Welfare and Institutions Code section 602 in that he committed batteiy (Pen. Code, § 242). He was ordered to remain a ward under section 602 and was committed to the Youth Authority.

On February 19, 1976, appellant assaulted Craig Smith, a student of Crenshaw High School. Craig was walking to class when appellant belligerently blocked his way, called Craig a name, and told Craig to go around him. After Craig said, “Excuse me,” and walked out the other door, appellant attacked him from behind, striking him in the face, throwing him down to the ground, and kicking him in the throat twice while he was down.

Appellant testified in his own defense, claiming that it was Craig who hit him first in the back of the neck. Appellant admitted then throwing Craig down and kicking him.

Appellant’s contention that the evidence is insufficient to sustain the petition, because no witnesses were called to corroborate the victim, is without merit. The usual rules for reviewing the sufficiency of evidence in criminal cases apply to juvenile court cases arising under Welfare and Institutions Code section 602. (In re Roderick P., 7 Cal.3d 801,…

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