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Criminal Law Keyed to Lee
In Re Devon T.
Citation:
85 Md.App. 674, 584 A.2d 1281 (1991)Facts
Devon, a 13 year old boy, was directed to empty his pockets by the security guard at his middle school. The search yielded twenty zip lock bags that contained heroin. Devon was charged with committing an act which, if committed by an adult, would have constituted the crime of possession of heroin. He asserted a diminished capacity defense due to his young age. The Circuit Court found him delinquent.
He appealed, arguing that the state did not offer legally sufficient evidence to rebut his presumptive incapacity because of his infancy.
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