In Re Charles B.

Appellant was alleged and found by the trial court to be a minor coming within the provisions of Welfare and Institutions Code section 602 in that he was guilty of first degree murder in violation of Penal Code section 187. Upon being committed to the California Youth Authority (CYA), he appealed, contending:

On October 18, 1978, just after noon, Charles McWhorter was visiting at the home of a friend when he observed two young males apparently in the process of stealing his car, which was parked across the street. One of the youths started to drive away in the vehicle but McWhorter captured the other, who was appellant, and took him to appellant’s residence on foot. When they arrived there, McWhorter was confronted by persons he gathered to be appellant’s relatives, one of whom, Arthur Henderson, threatened to kill him if he did not release appellant. Fearful, McWhorter left the scene and reported the matter to police. Ernest J., appellant’s codefendant and allegedly the second youth in the attempted auto theft, joined by Henderson (his brother), his sister and appellant left appellant’s residence in the sister’s car and proceeded to where McWhorter’s vehicle had been…