Commonwealth v. Franks

Opinion op the Court by

Chiep Justice Miller—

Certifying the law.

The appellee having been indicted by the grand jury of G-rant County on October 16th, 1914, for grand larceny, committed in July of that year, he filed his affidavit showing that he was under 17 years of age; whereupon the Commonwealth’s Attorney moved the court to dismiss the prosecution. The circuit court overruled the motion; but being of opinion that it had no jurisdiction ■over the person of the defendant, it transferred the case, ■upon its own motion, to the county judge to deal with the appellee as a juvenile, and directed…