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eBook details

• Title: Winburn v. State
• Author : Supreme Court of Wisconsin
• Release Date : January 04, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This is an appeal from an order of the circuit court reversing an order of the children's court (county court, children's division) dismissing a petition for juvenile delinquency, and reinstating the delinquency proceedings. On February 2, 1964, James, a minor fifteen years old, shot and killed his mother with a rifle. There is no suggestion in these proceedings that James did not commit the act alleged in the petition. A delinquency petition was filed with the court charging that James caused the death of his mother by rifle shot in violation of sec. 940.01, Stats. (first-degree murder). Immediately upon the filing of the petition, the Judge of the children's court appointed an experienced lawyer as guardian ad litem. The lawyer appointed has wide experience in the field of , has acted as a special assistant attorney general in the trial of significant criminal cases, and at present is director of the section of the Wisconsin Bar Association and has formerly been its chairman. On February 7th, when the delinquency matter was scheduled to be heard, the guardian ad litem invited the court's attention to the fact that there was some question whether his ward ""understands the nature and quality of his acts at this time."" The Judge thereupon ordered that the child undergo a psychiatric examination pursuant to sec. 48.24, Stats. When the report was made, the Judge ordered that an inquiry be made into the mental condition of James. James was represented at this inquiry by his guardian ad litem. The hearing was held pursuant to sec. 48.14, which provides that:

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