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In re Waterman

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eBook details

  • Title: In re Waterman
  • Author : Supreme Court of Kansas
  • Release Date : January 14, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The opinion of the court was delivered by This is another case originating in juvenile court in which that court held a hearing under K.S.A. 1972 Supp. 38-808 (b) to determine whether or not to waive its exclusive jurisdiction and direct the prosecuting attorney to prosecute the juvenile under the appropriate criminal statutes. However, the posture of this case on appeal differs from the others which have come before us concerning the construction of 38-808 (b) in that here the juvenile court refused to waive jurisdiction and the state has appealed from that ruling — a complete reversal of the usual situation where the juvenile has appealed from an order waiving jurisdiction. A brief outline of the facts is needed. In June 1971, Jack Leroy Waterman II was charged with two acts of delinquency in the possession and sale of marijuana. He was found to be delinquent and was probated to his parents. On July 28, 1972, Waterman was charged with an additional act of delinquency in possessing marijuana. Three days thereafter, on July 31, a third petition was filed in juvenile court charging two acts of delinquency, (1) premeditated murder and (2) armed robbery. Both of the latter acts were alleged to have occurred on July 18, 1972, just 28 days short of Waterman's eighteenth birthday.


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