STATE v. SANTANA

No. B-1132.

444 S.W.2d 614 (1969)

STATE of Texas, Petitioner, v. George Rivera SANTANA, Respondent.

Supreme Court of Texas.

Rehearing Denied October 1, 1969.


Attorney(s) appearing for the Case

Thomas J. Purdom, County Atty., Jack Layne, Asst. County Atty., Lubbock, Crawford C. Martin, Atty. Gen., Monroe Clayton, Asst. Atty. Gen., Austin, for petitioner.

Brock, Wright, Waters & Galey, William T. Kirk, Jr., Lubbock, for respondent.


GREENHILL, Justice.

The problem in this juvenile proceeding is the quantum of proof required. The jury found, from a preponderance of the evidence, that George Santana, age 14 at the time of the trial, committed rape upon Frone Mintz and that he was a delinquent child. He was committed to the Texas Youth Council. The contention is that the use of "the preponderance of the evidence" is no longer permissible; and that under the Gault decision of the Supreme...

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