Brewer v. Commonwealth

SIMS, Justice.

There are two questions of law presented on this appeal: (a) did the juvenile defendant have the right of appeal to the circuit court; (b) if the circuit court erroneously refused to entertain his appeal, can the juvenile appeal to this court to protect his constitutional rights? At the outset it may be well to state the Commonwealth’s motion to dismiss the appeal was passed to merits.

Appellant, Jimmy Dale Brewer, a 13 year old boy, was convicted in the Wolfe County Juvenile Court on a charge of housebreaking and was committed to the Youth Authority until he was 21 years of age.…