(Download) "Siemiesz v. Amend" by Court Of Appeals Of Maryland # Book PDF Kindle ePub Free
eBook details
- Title: Siemiesz v. Amend
- Author : Court Of Appeals Of Maryland
- Release Date : January 05, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant Franklin, who was sixteen years old in 1969 when the offense was committed, was tried for and convicted of robbery with a deadly weapon in the Criminal Court of Baltimore when he was seventeen. Both when he was charged and when he was convicted, Md. Code 1957 (1969 Cum. Supp.), Art. 26, § 70-1 (c), defined a child subject to the laws governing juvenile cases as a person under the age of sixteen, whereas the law applicable to the counties of Maryland made persons under the age of eighteen juveniles. Since he was not a juvenile in Baltimore City, Franklin was not brought before the Juvenile Court for the crime he committed in the City and, of course, there was no waiver of jurisdiction by the Juvenile Court. Section 70-2 of Art. 26 of the Code gives "exclusive original jurisdiction" to the Juvenile Court over a delinquent child -- the definition of which includes one who has committed an act which would be a crime if done by a person who is not a child. Under § 70-16 of Art. 26 that exclusive original jurisdiction (with certain limitations not here pertinent) may be waived, and the child may be held for trial under the regular procedures of the court which would have jurisdiction of the offense if committed by an adult. Under the statute there must be a waiver hearing and a consideration by the court of these factors:
 "Siemiesz v. Amend" by Court Of Appeals Of Maryland # Book PDF Kindle ePub Free){kind=link}