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MATTER OF DAVIS

No. 401, September Term, 1972.

17 Md. App. 98 (1973)

299 A.2d 856

MATTER OF BRYAN GARLAND DAVIS.

Court of Special Appeals of Maryland.

Decided February 5, 1973.

Attorney(s) appearing for the Case

Solomon Reddick for appellant.

Mary Elizabeth Kurz, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and John Dunnigan, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS and SCANLAN, JJ.

ORTH, C.J., delivered the opinion of the Court.

I

Under the common law there is a presumption of criminal incapacity on the part of an infant below the age of fourteen, which is conclusive prior to the age of seven and rebuttable thereafter. When the presumption of doli incapax is rebuttable, the burden of rebutting it is on the State. Prevatte v. Director, 5 Md.App. 406, 412.1

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