O'NEILL, J.
The appellant, a juvenile sixteen years of age, was charged with being a delinquent. If he were an adult the act would have constituted a felony. Prior to trial appellant moved for a jury trial, which motion was denied. Following trial the court found appellant to be guilty upon clear and convincing evidence. The court's order, which is the basis for this appeal, reads in part:
"This being an offense, which if he were an adult, would be a penitentiary...
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