Opinion
No. 5519.
Decided December 3, 1919.
Juvenile Court — Practice in Juvenile Court — Trial by Jury — Felony.
Under the statutes a charge against one of being a delinquent child is not a felony and the jury can be waived. Following: Lee v. State, recently decided.
Appeal from the District Court of Hale. Tried below before the Hon. R.C. Hoiner, judge.
Appeal from a conviction theft; penalty, two years confinement in the State Industrial School for Boys, at Gatesville.
The opinion states the case.
M.J. Baird, Geo. L. Mayfield, for appellant. — Cited Ruling Case Law, vol. 16, page 222, article 38.
E.A. Berry, Assistant Attorney General, for the State.
Appellant appeals from a conviction in the District Court of Hale County, sitting as a Juvenile Court and rendering a judgment finding appellant guilty of being a delinquent child, and ordering him confined in the State Industrial School for Boys, at Gatesville. The judgment recites that a jury was waived, and appellant found guilty of being a delinquent child.
A motion for a new trial was made and overruled, and the case, as brought here, presents but one point, to wit: that the complaint filed against appellant shows him to be guilty of a felony, and that in a felony case a jury cannot be waived. Under our statutes, a charge against one of being a delinquent child. is not a felony, and a jury can be waived. This identical question was before this Court in the companion case of Allen Lee v. The State, decided at a former day of this term adversely to the contention of appellant.
No error appearing in the record, the judgment of the trial court is affirmed.
Affirmed.