IN RE TYVONNE
558 A.2d 661 (1989)
NATURE OF THE CASE: This case involves the defense of infancy as it relates to crimes
committed by minors. The question that the court asks is whether the defense of infancy
applies to noncriminal juvenile proceedings.
FACTS: Tyvonne (D), an 8-year-old child, found a pistol while playing in a school yard.
Tyvonne hid the gun and then showed it to friends of his at school. Several of his friends
said that the gun was a toy and one child challenged Tyvonne. The child said 'Shoot me,
shoot me' to prove that the gun was a toy. Tyvonne shot the other child and she was injured.
Tyvonne was then taken into police custody. The state (P) then filed a petition against
Tyvonne that alleged delinquent behavior. This was not a criminal charge, but was meant to
protect the child and to give him a new direction in life. The trial court found that
Tyvonne committed assault and was delinquent. Tyvonne was committed to Youth Services for a
maximum of four years. Tyvonne now appeals and claims that he should have been allowed to
use the defense of infancy.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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