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eBook details

• Title: H.J.D
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 21, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

1. "Where the findings of fact and Conclusions of law justifying an order transferring a juvenile proceeding to the criminal jurisdiction of the circuit court are clearly wrong or against the plain preponderance of the evidence, such findings of fact and Conclusions of law must be reversed. W.Va. Code, 49-5-10(a) [1977] [now, 49-5-10(e) [1978] ]." Syl. pt. 1, State v. Bannister,162 W.Va. 447, 250 S.E.2d 53 (1978). 2. "Probable cause for the purpose of transfer of a juvenile to adult jurisdiction is more than mere suspicion and less thanclear and convincing proof. Probable cause exists when the facts and circumstances as established by probative evidence are sufficient to warrant a prudent person in the belief that an offense has been committed and that the accused committed it."

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