DeBacker v. Brainard

The petitioner was found to be a delinquent child and ordered committed to the Boys’ Training School at Kearney. The facts alleged as the basis for the charge of delinquency constituted the crime of forgery if he had been charged under the, general criminal laws. Petitioner asserts that section 43-206.03, R. S. Supp., 1967, a part of the Juvenile Court Act, is unconstitutional in that it denies him the right of a jury trial, and applies a “preponderance of the evidence” rule rather than a “beyond a reasonable doubt” rule to the, adjudication of delinquency.

Four judges are of the opinon that…