Matter of Drakeford

MORRIS, Judge.

In the sole assignment of error brought forward in her brief, respondent claims that the trial judge erred in denying her motion to dismiss. She contends that the assault charge in the initial juvenile petition was an essential element in the affray alleged in the subsequent petition and that, therefore, her plea of former jeopardy should have been sustained.

The issue of whether the constitutional prohibition against double jeopardy applies to successive juvenile proceedings is a question of first impression in this jurisdiction. Traditionally, juvenile proceedings instituted…