Court of Appeals of Maryland.https://leagle.com/images/logo.png
Decided December 4, 1981.
Decided December 4, 1981.
Attorney(s) appearing for the Case
Michael R. Malloy, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Edwin H. Convey, Assistant Public Defender, on the brief, for appellant.
Stephen B. Caplis, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.
The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.
Court of Appeals of Maryland.
SMITH, J., delivered the opinion of the Court.
We shall here uphold against constitutional attack the requirement of Maryland Code (1974, 1977 Cum. Supp.) § 3-817 (c), Courts and Judicial Proceedings Article, that "a preponderance of the evidence" is the standard to be used by a trial judge in determining whether to waive juvenile jurisdiction. Accordingly, we shall affirm the judgment of the Court of Special Appeals....
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