Winburn v. State

The fundamental question presented in this appeal is whether insanity constitutes a defense to an allegation of juvenile delinquency. We face the additional question in.this case, of whether the mental inquiry initiated by the juvenile judge was a sufficient determination of insanity.

The state argues that a juvenile-delinquency procedure is not a criminal prosecution but is merely the state’s exercise of its duties parens patriae over children — and that the duty of the state is not to prosecute but “to bring them and their parents or guardians before an experienced and humane judge who shall…