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STATE v. J. K.

383 A.2d 283 (1977)

STATE of Delaware v. J. K. and R. T.

Supreme Court of Delaware.

Decided December 14, 1977.

Attorney(s) appearing for the Case

Stephen M. Walther, Edward F. Eaton and Mary C. Boudart, Deputy Attys. Gen., Wilmington, for the State.

Richard M. Baumeister, Asst. Public Defender, Wilmington, for J. K. and R. T.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

DUFFY, Justice:

This certification proceeding arises from an appeal to the Superior Court of a Family Court order determining that the Juvenile Mandatory Commitment Act, 10 Del.C. § 937, which became effective on July 30, 1976, is unconstitutional.

I

The facts before us are few and undisputed. J.K., a minor, was adjudged a delinquent in the Family Court for conduct which, if engaged in by an...

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