(specially concurring).
I agree that the writ should not issue in this case. Petitioner was already a ward of the juvenile court, subject to certain conditions of probation. When the conditions of probation were allegedly violated, it was clearly within the juvenile court’s discretion to consider the subsequent allegations in order to provide further disposition of the juvenile.
However, I am compelled to state that more than statutory safeguards are provided the juvenile in Oklahoma. Article 2, Section. 19, of the Oklahoma Constitution provides, in part:
“The right of trial by jury shall be and remain inviolate . . . but in the trial of misdemeanors, proceedings for the violation of ordinances or regulations of cities and towns, juvenile proceedings juries shall consist of six (6) persons.” (Emphasis added.)
Insofar as citizenship is gained by either birth, or naturalization, I believe a juvenile is entitled to the same constitutional protection to which his parents, or any other adult might be entitled, notwithstanding the proceedings are of a special nature.