A person under 17 years of age appeals from an order of the juvenile court transferring to the superior court a "matter and offense” brought up by a petition alleging his delinquency. The alleged offense is a homicide.
1. The juvenile contends that since the original petition alleged an act of delinquency, the court erred in calling the act a "crime” for the purpose of transfer; that the superior court has no jurisdiction over delinquency; and therefore there was no basis for transfer at all. The contention is without merit. The Juvenile Court Code defines a delinquent act as one "designated a crime by the laws of Georgia.” Code Ann. § 24A-401 (e) (1). It ceases to be a "crime” only for proceedings in the juvenile court
2. The juvenile contends the court erred in failing to comply with the requirements of Code Ann. § 24A-2501 concerning transfer. We agree that the record shows the court did not make the necessary determinations. However, the record also shows that the child has been indicted by a Grand Jury for murder. The superior court has constitutional jurisdiction to try a person accused of a felony if he has reached the age of criminal responsibility. Nothing in the Juvenile Court Code or in the proceedings of a juvenile court can abrogate this jurisdiction. See Code Ann. § 2-3901; Jackson v. Balkcom, 210 Ga. 412 (80 SE2d 319); Armstrong v. State, 90 Ga. App. 173 (82 SE2d 51). Therefore, a reversal of the juvenile court for erroneous transfer would be a useless act since the superior court has independently exercised its constitutional jurisdiction in receiving the indictment for trial.
Judgment affirmed.