State v. Santana

The question presented is whether George Rivera Santana, a fourteen year old boy, was entitled to be tried for the offense of rape, at the adjudicatory stage of a delinquency proceeding, under the quantum of proof beyond a reasonable doubt, instead of by the preponderance of the evidence. The court of civil appeals reversed the trial court’s judgment because Santana was not tried by the reasonable doubt measure of proof. 431 S.W.2d 558. I would affirm the judgment of the court of civil appeals.

A delinquent child is, among other statutory definitions, one who, within age limits, “violates any…