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23 N.C. App. 520

In re Gooding

Court of Appeals of North Carolina

Decided November 6, 1974

Court of Appeals of North Carolina · decided 1974-11-06

Cited by 2 later decisions — most recently December 1979

2 state decisions

Relies on In the Matter of Samuel Winship · 8 N.C. App. 513 - In Re Alexander · 8 N.C. App. 517 - In Re Alexander

Good law ✅— No negative treatment on recordhow we know

Decided 1974-11-06

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PARKER, Judge.

¶1 Since the decision of the United States Supreme Court in In re Winship, 397 U.S. 358, 25 L.Ed. 2d 368, 90 S.Ct. 1068*522(1970), proof beyond a reasonable doubt is constitutionally required during the adjudicatory stage of a juvenile delinquency proceeding. Although the record in the present case does not disclose what standard of proof was applied by the district judge in making the factual determination on which his order is based, in our opinion the evidence was not sufficient, had this been a criminal prosecution against an adult, to justify submission of the case to a jury. In such case nonsuit would have been required. It is no less required in this case in which a juvenile is involved. In re Alexander, 8 N.C. App. 517, 174 S.E. 2d 664 (1970).

¶2Judgment reversed, and the proceeding is dismissed.

Chief Judge Brock and Judge Martin concur.
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