Commonwealth v. A Juvenile

The primary question before us is whether John Jarvis1 could properly be adjudicated a delinquent child without the Commonwealth’s proving to the jury that Jarvis was between the ages of seven and seventeen.2 The record does not *79include a transcript, and the case is before us on a stipulation and findings of the trial judge pursuant to Mass.R.A.P. 8(d) and (e), 378 Mass. 934 (1979).

The findings set forth the following facts. No affirmative evidence was introduced at trial to show that Jarvis was a juvenile. His counsel, at the close of the Commonwealth’s case, moved for a required finding of…