Summary
explaining that "[f]our judges are of the opinion that the [juvenile court] statute is unconstitutional as challenged. Three judges are of the opinion that it is constitutional. Article V, section 2, Constitution of Nebraska, provides in part: ‘No legislative act shall be held unconstitutional except by the concurrence of five judges,’ " and affirming district court's judgment
Summary of this case from Sanders v. FrakesOpinion
No. 36989.
Filed October 4, 1968.
Appeal from the district court for Dodge County: ROBERT L. FLORY, Judge. Affirmed.
Kerrigan, Line Martin, for appellant.
Richard L. Kuhlman, for appellee.
Clarence A. H. Meyer, Attorney General, and Melvin K. Kammerlohr, for amicus curiae.
Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.
The petitioner was found to be a delinquent child and ordered committed to the Boys' Training School at Kearney. The facts alleged as the basis for the charge of delinquency constituted the crime of forgery if he had been charged under the, general criminal laws. Petitioner asserts that section 43-206.03, R. S. Supp., 1967, a part of the Juvenile Court Act, is unconstitutional in that it denies him the right of a jury trial, and applies a "preponderance of the evidence" rule rather than a "beyond a reasonable doubt" rule to the adjudication of delinquency.
Four judges are of the opinion that the statute is unconstitutional as challenged. Three judges are of the opinion that it is constitutional. Article V, section 2, Constitution of Nebraska, provides in part: "No legislative act shall be held unconstitutional except by the concurrence of five judges."
The petition for habeas corpus here was dismissed by the district court. That judgment, must, therefore, be affirmed.
AFFIRMED.