In re Appeal No. 179
Maryland Court of Special Appeals
327 A.2d 793 (1974)
Facts
Along with two other juveniles, a 15-year-old boy (the child) (defendant) broke into three homes. The juveniles stole $122 and destroyed property in the homes. When asked, the child said he participated in the events because he was hungry. The state (plaintiff) alleged that the child was a juvenile delinquent, and he was so adjudicated. Subsequently, the child misbehaved at school. At the delinquency disposition hearing, evidence included testimony from the principal of the child’s school and a psychological report. The principal stated that the child had potential for improvement and could go from a “B-C student” to an “A” student. The psychologist indicated that the child’s misconduct and emotional problems were due to a conflict between the child and his overzealous father. The psychologist opined that the child should remain in his parents’ home with counseling services made available to the family. The hearing judge ordered the child to be removed from his parents’ home. In doing so, the judge commented that there had been an “epidemic of housebreakings, and [the court was] not going to countenance it.” The judge expressed the view that a “message should go out loud and clear” condemning the break-ins and that despite the child’s recently improved behavior, an institutional commitment would be ordered. The child appealed.
Rule of Law
Issue
Holding and Reasoning (Gilbert, J.)
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