Bearden v. State

Eberhardt, Judge.

Defendants, as juveniles, were found beyond a reasonable doubt to be in a state of delinquency from the commission of the offense of rape upon a thirteen-year-old girl, and were committed to the State Division for Children and Youth, Department of Family and Children’s Services, for placement in the youth development center, as provided for in Code Ann. §24-2421 (1)(b) (Ga. L. 1951, p. 291, et seq.; Ga. L. 1968, p. 1013, et seq.).

The sole basis for the appeals is that the sentence, being for an indefinite period, is cruel and unusual punishment and thus prohibited by Art. I,…