Commonwealth vs. a Juvenile

The defendant juvenile was charged in a District Court complaint with delinquency by reason of committing, on January 10, 1980, assault and battery by means of a dangerous weapon, in violation of G. L. c. 265, § 15A. After an adjudication of delinquency by a judge of the District Court, the defendant appealed to a jury session in the District Court under G. L. c. 119, § 56. Before empanelment of the jury, the defendant moved for a trial to a jury of twelve persons. The judge denied the motion and, on August 15, 1980, he was found delinquent by a jury of six. On appeal, he challenges the…