D. M. N., age 16 years, and his father, were charged with aggravated assault upon a police officer, and with being drunk, disorderly and resisting arrest. D. M. N. was brought before the Juvenile Court of Appling County for a hearing, and at the conclusion the court entered the following order: "Upon hearing of evidence it is determined that said juvenile is not amenable to treatment, that probable guilt was shown on the charges made and that the needs of the child and safety of the community are such that treatment as an adult is required. Therefore, said juvenile and the subject matter is hereby transferred to the Superior Court of Appling County, Ga." The juvenile appeals, and contends the transfer was in violation of Ga. L. 1971, pp. 709, 736 (Code Ann. 24A-2501). Held:

24A-2501 (a) (3, 4), supra.

The state did not carry the burden of meeting the requirements set forth above. There was too proof that the juvenile used any weapon in a manner such as to constitute aggravated assault as set out in Williams v. State, 127 Ga. App. 386 (2) (193 SE2d 633). The state foiled to carry its burden of proving the charge that the minor was delinquent and disorderly. The question of resisting arrest is one of fact, which the court could determine was true. But it has not been shown that the child is not amenable to treatment or rehabilitation through available facilities, nor that the interest of the community requires that the child be placed under legal restraint or discipline. The evidence shows that the juvenile did not commit any wrongful act until the deputy sheriff began to severely beat his father. The officer testified that the juvenile hit him with something, but he could not testify as to the description of the object. During the altercation the father was shot in the leg by the policeman.

As the evidence shows unequivocally that the requirements set forth in the guidelines in the juvenile court law have not been met a reversal is required.