Commonwealth v. Harris

Opinion by

Packel, J.,

It is the duty of a judge to transfer a criminal proceeding to the juvenile court if “it shall be ascertained *12that the person charged with the offense was under the age of 16 years at the time the alleged offense was committed. . . ,”1 The appellant at the time of the offense was less than 16 hut he told the court he was 19. He asks for post-conviction relief on the ground that the criminal court had no jurisdiction.

If the statute made non-age a jurisdictional matter,2 the conviction might well he improper notwithstanding appellant’s false testimony. However, the statute…