No. V-0077 (1947).
Case Date | March 07, 1947 |
Court | Texas |
Texas Attorney General Opinions
1947.
No. V-0077 (1947).
1March 7, 1947Hon. George T. ThomasCounty
AttorneyHoward CountyBig Spring, TexasOpinion No. V-77Re: Whether or not a girl of 17 years
of age who has been married may be tried for crime under the general penal
statutes, or should be treated in law as a "delinquent child".Dear Sir:We beg to acknowledge receipt of your letter making request for
an opinion by this department on the above titled subject matter, your letter
being as follows:
"Is a girl who is 17 years of age, but who has been married, to be tried and punished under the general penal statutes as a grown person for offenses which she commits, or is she a "delinquent child" and to be tried and treated as such."Chapter 204, Senat Bill No. 44 of the 48th Legislature, at its Regular Session, (Vernon's Codification of the Civil Statutes, Art. 2338-1), is a comprehensive law upon the subject of delinquent children. Among its provisions are the following:
"Sec. 3. The term 'delinquent child' means any female person over the age of ten (10) years and under the age of eighteen (18) years and any male person over the age of (10) years and under the age of seventeen (17) years. * * * "
"Sec. 12. If during the pendency of a criminal charge or indictment against any person in any other court than a Juvenile Court, it shall be ascertained that said person is a female over the age of ten (10) years and under the age of eighteen (18) years, or is a male person over2
the age of ten (10) years and under the age of seventeen (17) years, at the time of the trial for the alleged offense, it shall be the duty of such court to transfer such case immediately together with all papers, documents and testimony connected therewith, to the Juvenile Court of said county. * * *."
"Sec. 13. No adjudication upon the status of any child in the jurisdiction of the court shall operate to impose any of the civil disabilities ordinarily imposed by conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with or convicted of a crime in any court. * * * "
"Sec. 17. No female person over the age of ten (10) years and under the age of eighteen (18) years, or any male person over the age of ten (10) years and under the age of seventeen...
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