M.S. v. State

TAYLOR, Judge.

The appellant, M.S., a nine-year-old, was adjudicated delinquent on the underlying offense of reckless endangerment, a violation of § 13A-6-24, Code of Alabama 1975. He was sentenced to 12 months’ unsupervised probation and the judge ordered that the appellant be accompanied by his father when using his BB gun.

I

The appellant initially contends that he did not have the maturity and judgment necessary to be found guilty of reckless endangerment. He argues that children between the ages , of 7 and 14 are presumed to be incapable of forming the necessary intent to commit crimes. The…