3. When the Pennsylvania legislature passed its Juvenile Act, setting procedures for juvenile courts, it
abolished the infancy defense.Does that mean there is no infancy defense in adult courts? That was the
position of the state in Com.v. Martz,118 A.3d 1175 (Pa. Super. 2015). Was it correct? What did the
state contend based on the age of the defendant (28) when he was charged with crimes committed when
he was under 147 If the infancy defense remains in Pennsylvania, who has the burden of proving the
defendant lacks the required capacity to be tried in adult court? What did the trial court do wrong? The
appellate court decision is pending review in the Pennsylvania Supreme Court What do you think will be
decided there?