Smith v. State
Smith v. State
Opinion of the Court
delivered the opinion of the Court.
Appellant, Benjamin Elmer Smith, was convicted on November 25, 1969 in the Circuit Court for Kent County by a jury, Judge George B. Basin presiding, of contributing to the delinquency of a minor. Appellant was sentenced to one year in the Kent County Jail. On appeal he contends only that the trial court erred in trying him under Md. Code, Art. 26, § 70-2 (a) (7) instead of under Md. Code, Art. 27, § 401.
Maryland Code, Art. 26, § 70-2 (e) (3) states: “In any case within subsection (a) (7) of this section, the defendant shall have the right to elect to be tried in either the juvenile court or in the criminal court, according to the usual criminal procedure.” Article 26, § 70-3 (a) (7) states: “The [juvenile] court has exclusive original jurisdiction [t] o try any person who has reached his eighteenth birthday, for any willful act or omission causing a child to be adjudicated neglected, delinquent, or in need of supervision.” Appellant was charged under Art. 26, § 70-2 (a) (7) of causing Edwin Dale Calder to be adjudicated a delinquent child. The charge arose out of appellant’s furnishing alcoholic beverages to Calder, a minor. Prior to trial appellant made an election under the provisions of Art. 27, § 70-2 (e) (3) to be tried in the criminal court. He then filed a pretrial motion to dismiss the information on the ground that having elected to be tried in the criminal court rather than in the juvenile court he could no longer be charged under the juvenile statutes. His motion was denied and he reasserts the same argument on appeal. He contends that he should have been tried under the criminal law, Art. 27, § 401, which prohibits any person from obtaining any spiritous or fermented liquors for any minor or person under twenty-one years of age.
We think the. appellant misconceives the purpose of
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.