Legal Opinion

Matter of Murphy

Court of Special Appeals of Maryland

Decided June 2, 1972No. 647, 658, September Term, 1971PublishedCited by 18 opinions

September Term, 1971.]

1Opinion of the CourtOrth, J.

These appeals concern waiver of jurisdiction in juvenile causes under Code, Art. 26, § 70-16.

Matter of Waters, 13 Md. App, 95, made clear that the purposes of a preliminary hearing were not the purposes of a waiver hearing. We said that “* * * the sole function of the [waiver] hearing is to resolve the question of waiver vel non and that this is done on the assumption that probably the crime alleged was committed and that the juvenile committed it.” We held: “Thus the State has no burden at the hearing to establish prima facie or otherwise corpus delicti and criminal agency.” At 103. We…

2Cases cited3 opinions

  1. Hazell v. StateCourt of Special Appeals of Maryland · 1971
  2. Matter of FlowersCourt of Special Appeals of Maryland · 1971
  3. Matter of ToporzyckiCourt of Special Appeals of Maryland · 1972

3Cited by18 opinions

  1. People v. TaylorIllinois Supreme Court · 1979
  2. Harbert v. StateWashington Supreme Court · 1975
  3. Clemons v. StateIndiana Court of Appeals · 1974
  4. In re Ralph M.Supreme Court of Connecticut · 1989
  5. People in Interest of LVASouth Dakota Supreme Court · 1976

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