IN RE APPEAL NO. 1327, TERM 1975

No. 1327, September Term, 1975.

32 Md. App. 478 (1976)

361 A.2d 156

IN RE APPEAL NO. 1327, SEPTEMBER TERM, 1975 FROM THE DISTRICT COURT OF MONTGOMERY COUNTY, SITTING AS A JUVENILE COURT.

Court of Special Appeals of Maryland.

Decided July 30, 1976.


Attorney(s) appearing for the Case

William G. Simmons, Assigned Public Defender, with whom was Alan D. Massengill, Assigned Public Defender, on the brief, for appellant.

Henry E. Dugan, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Andrew L. Sonner, State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before FREDERICK J. SINGLEY, JR., and MARVIN H. SMITH, Associate Judges of the Court of Appeals and DAVID ROSS, Associate Judge of the Eighth Judicial Circuit, all specially assigned.


SMITH, J., delivered the opinion of the Court.

It was alleged in this juvenile proceeding that the juvenile assaulted an adult with a baseball bat. The altercation took place on a neighboring vacant lot when the victim allegedly was unhappy after a baseball had dented his car and he made his objections known.

The juvenile here contends (1) that the juvenile judge "erred by disposing of this matter solely on the basis of the offense charged without regard to...

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