IN RE JAMES S.

[No. 107, September Term, 1979.]

286 Md. 702 (1980)

410 A.2d 586

IN RE: JAMES S.

Court of Appeals of Maryland.

Decided January 29, 1980.


Attorney(s) appearing for the Case

F. Ford Loker, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and John Duncan, Assistant State's Attorney for Montgomery County, on the brief, for appellant.

Martha Weisheit, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, COLE and DAVIDSON, JJ.


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

We shall here affirm the determination of a trial judge that the word "shall" as used in Maryland Code (1974, 1979 Cum. Supp.) § 3-812 (b), Courts and Judicial Proceedings Article, is mandatory. The section in question, a part of Subtitle 8 entitled "Juvenile Causes," is concerned with provisions for filing a petition. Section 3-812 states in pertinent part:

(a) A petition shall allege that a child is either...

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