{
  "id": 8555573,
  "name": "IN RE: BOBBY LEE JONES (Minor)",
  "name_abbreviation": "In re Jones",
  "decision_date": "1971-05-26",
  "docket_number": "No. 7119DC277",
  "first_page": "437",
  "last_page": "438",
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      "cite": "11 N.C. App. 437"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "8 N.C. App. 517",
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    {
      "cite": "275 N.C. 517",
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  "last_updated": "2023-07-14T15:10:46.806740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Campbell and Britt concur."
    ],
    "parties": [
      "IN RE: BOBBY LEE JONES (Minor)"
    ],
    "opinions": [
      {
        "text": "GRAHAM, Judge.\nAppellant contends the court committed error in refusing motion made on his behalf to quash the petition upon which the hearing was conducted and in allowing the petition to be amended. The amendment was made on the day of the hearing but before the hearing commenced.\nJuvenile proceedings in this State are not criminal prosecutions and a finding of delinquency in a juvenile proceeding is not synonymous with the conviction of a crime. Nevertheless, a juvenile cited under a petition to appear for an inquiry into his alleged delinquency is entitled to the constitutional safeguards of due process and fairness. In re Burrus, 275 N.C. 517, 169 S.E. 2d 879; In re Alexander, 8 N.C. App. 517, 174 S.E. 2d 664. These safeguards include notice of the charge or charges upon which the petition is based. In re Gault, 387 U.S. 1, 18 L. Ed. 2d 527, 87 S.Ct. 1428.\nHere the petition sufficiently alleged the offense of larceny. The amendment in no way changed the nature of the offense but simply identified more specifically the owner of the property allegedly stolen. Allowing the amendment under these circumstances was within the sound discretion of the court.\nThe record fails to show that appellant was denied any constitutional safeguards at any stage of the proceedings.\nNo error.\nJudges Campbell and Britt concur.",
        "type": "majority",
        "author": "GRAHAM, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan by Assistant Attorney General Banks and Staff Attorney Price for the State.",
      "Thomas K. Spence for juvenile appellant."
    ],
    "corrections": "",
    "head_matter": "IN RE: BOBBY LEE JONES (Minor)\nNo. 7119DC277\n(Filed 26 May 1971)\n1. Constitutional Law \u00a7 30; Infants \u00a7 10; Courts \u00a7 15\u2014 juvenile proceedings\u2014 constitutional safeguards \u2014 notice of charges\nAlthough juvenile proceedings in this State are not criminal prosecutions, a juvenile cited under a petition to appear for an inquiry into his alleged delinquency is entitled to the constitutional safeguards of due process and fairness; these safeguards include notice of the charge or charges upon which the petition is based.\n2. Infants \u00a7 10\u2014 juvenile proceedings \u2014 amendment of petition \u2014 .due process\nJuvenile\u2019s constitutional rights were not violated when the court, on the day of the juvenile\u2019s hearing, allowed the petition to be amended in order to identify more specifically the owner of the property allegedly stolen by the juvenile.\nAppeal by respondent from Warren, District Judge, 19 February 1971 Session of District Court held in Cabarrus County.\nRespondent, a juvenile, was adjudged to be a delinquent child by order entered 19 February 1971. The adjudication followed a hearing held pursuant to G.S. 7A-285, and was based upon a finding by the court that on 29 January 1971 respondent committed larceny by taking a set of blue lights from a parked vehicle, the same being the property of the City of Concord. Respondent was ordered committed to the North Carolina Board of Juvenile Corrections, to be confined for an indefinite period of time not to exceed his eighteenth birthday. This appeal followed.\nAttorney General Morgan by Assistant Attorney General Banks and Staff Attorney Price for the State.\nThomas K. Spence for juvenile appellant."
  },
  "file_name": "0437-01",
  "first_page_order": 461,
  "last_page_order": 462
}