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IN THE COURT OF APPEALS OF MARYLAND

No. 120 September Term, 2003 _________________________________________

IN RE: ANTOINE M .

__________________________________________ Bell, C.J., Raker Wilner Cathell Harrell Battaglia Eldridge, John C. (Retired, Specially Assigned), JJ.

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Opinion by Eldridge, J. Wilner, Cathell, and Harrell, JJ., Dissent _________________________________________

Filed:

September 14, 2006

This case presents the procedural issue of whether Maryland Rule 4-324(a) has any application to juvenile delinquency trials.1 The case also presents substantive

issues concerning the requisite mens rea under the Maryland statute prohibiting "wanton trespass upon private land." 2

1

Maryland Rule 4-324(a) states as follows: "Rule 4-324. Motion for judgment of acquittal. "(a) Generally. A defendant may move for judgment of acquittal on one or more counts, or on one or more degrees of an offense which by law is divided into degrees, at the close of the evidence offered by the State and, in a jury trial, at the close of all the evidence. The defendant shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment of acquittal shall be necessary. A defendant does not waive the right to make the motion by introducing evidence during the presentation of the State's case." * * *

Maryland Code (1957, 1996 Repl. Vol., 2000 Supp.), Art. 27,

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