353 (219 SE2d 419
). Under the construction of Code Ann. 24A-301 (b) given by Brown, the superior court and the juvenile court have concurrent jurisdiction over juveniles charged with capital offenses, and whichever court first takes jurisdiction over the matter in question may retain it, subject to the right of the juvenile court to transfer the case to the superior court under Code Ann. 24A-2501. Like Brown, Relyea was first indicted by the grand jury for the six armed robberies and the motor vehicle theft here in question, and the superior court thereby took jurisdiction over him.
Relyea asserts in his brief and elsewhere that the juvenile court first took jurisdiction and that he should prevail on this appeal because Code Ann. 24A-2501 was not followed in a subsequent "transfer" to the superior court. This claim is without merit. The same claim was pressed before the Clayton County Superior Court on March 14, 1975, on Relyea's motion to determine jurisdiction. The only evidence introduced by Relyea in support of his claim that the juvenile court had previously taken jurisdiction over these offenses was a copy of a juvenile court petition relating to a different offense of motor vehicle theft. Therefore, his claim of juvenile court jurisdiction of the offenses For which he was indicted is totally without support in the record.
The single enumeration of error is therefore without merit.
INGRAM, Justice, concurring specially.
I dissented in Brown v. State, 235 Ga. 353
, supra, as I disagreed with the majority conclusion that the superior court first took jurisdiction over the juvenile involved in that case. We have a similar problem here but an inadequate record upon which to make a determination.
Defense counsel contends that this juvenile was "placed in the custody of the Clayton County Juvenile Court Detention [facility] on December the 11, 1974, on a juvenile complaint alleging that he was in [a] state of delinquency," and that he was charged with armed robbery and motor vehicle theft in the juvenile court. Unfortunately, the record is not clear on the chronology of events which took place in the juvenile court and in the superior court. The Attorney General's brief in a footnote states that, "While the record before this court discloses only a single petition alleging delinquency by virtue of having committed the offense of motor vehicle theft, apparently three juvenile petitions were docketed in the juvenile court on December 12, 1974, alleging armed robbery and motor vehicle theft." The juvenile was subsequently indicted by a grand jury for these offenses on January 10, 1975.