IN RE WINSHIP397 US 358.90 SCt1068, 25 L. Ed. 2d 368 (1970) FACTSA twelve-year-old stole money from a lady's wallet which was stored in a locker at the time of theft. Samuel Winship, the defendant was charged with one count of delinquency. If Samuel had been charged as an adult, the crime would have been theft. A New York family court judge convicted Samuel based on a preponderance of the evidence, which at the time was all that was necessary under New York State Statutes. At the time of the trial a minor in the state of New York was at least seven years old, but under 16. Samuel was 12 years old, which by law made him a minor who could be charged with an act of delinquency. convicted by a preponderance of evidence relating to the theft of one hundred and twelve dollars from a lavatory cabinet. The sentence for Winship's delinquent act was six years in a reformatory context. While the family court judge found that the standard of proof needed to prove guilt was a preponderance of the evidence, the supreme court found a higher standard of proof to be crucial. The States S...