State v. Santana

GREENHILL, Justice.

The problem in this juvenile proceeding is the quantum of proof required. The jury found, from a preponderance of the evidence, that George Santana, age 14 at the time of the trial, committed rape upon Frone Mintz and that he was a delinquent child. He was committed to the Texas Youth Council. The contention is that the use of “the preponderance of the evidence” is no longer permissible; and that under the Gault decision of the Supreme Court of the United States, the findings must be beyond a reasonable doubt as in criminal cases. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18…