MOQUIN v. STATE

[No. 210, September Term, 1957.]

216 Md. 524 (1958)

140 A.2d 914

MOQUIN v. STATE (Three Appeals in One Record)

Court of Appeals of Maryland.

Decided May 2, 1958.


Attorney(s) appearing for the Case

Joseph M. Mathias, with whom were Jones & Mathias on the brief, for the appellant.

E. Clinton Bamberger, Jr., Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and Alger Y. Barbee, State's Attorney for Montgomery County, on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and GRAY, J., Chief Judge of the Seventh Judicial Circuit, specially assigned.


GRAY, J., by special assignment, delivered the opinion of the Court.

The appeal in this case involves a right of the state to prosecute for crime a defendant who had theretofore been adjudged a delinquent minor by a juvenile court on a petition alleging the facts which constitute the basis for the criminal charge. The appellant contends (a) that such a prosecution constitutes "double jeopardy" for the defendant and (b) that the juvenile court statute does not permit...

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