Legal Opinion · Dissent

C. H. v. State

Court of Appeals of Arkansas

Decided December 20, 1995No. CA 94-991Published

1DissentMelvin Mayfield, Judge

The appellant, who was eleven years old at the time of the incident, was adjudged delinquent for shoplifting an umbrella valued at $5.99. He was sentenced to 3 months unsupervised probation and $35 in court costs. I would reverse because I do not think the evidence is sufficient to support the trial court’s decision. Since the case was tried by a judge and not a jury, no motion for directed verdict was necessary. See Iqwe v. State, 312 Ark. 220, 489 S.W.2d 462 (1993); Bradley v. State, 41 Ark. App. 205, 849 S.W.2d 8 (1993).

In hearings concerning delinquency, the trial judge must be convinced…

2Cases cited6 opinions

  1. Surridge v. StateSupreme Court of Arkansas · 1983
  2. Graves & Parham v. StateSupreme Court of Arkansas · 1963
  3. Igwe v. StateSupreme Court of Arkansas · 1993
  4. Stanley v. SavageCourt of Appeals of Texas · 1972
  5. D.D. v. StateCourt of Appeals of Arkansas · 1992

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