Commonwealth v. Durham

JACOBS, President Judge:

This is an appeal from an adjudication of delinquency based upon charges of aggravated assault1 and possession of an instrument of crime.2 Appellant, who was nine years old at the time of the incident, contends that the lower court erred in refusing to take cognizance of the presumption of incapacity which arises when a child between the ages of seven and fourteen is alleged to have committed a criminal act. We agree and therefore reverse.

The testimony below, to which both parties stipulated, was that as the complainant, Delores Davis, was walking by, appellant kicked…