
    MILLS v. STATE.
    (No. 3581.)
    (Court of Criminal Appeals of Texas.
    June 2, 1915.)
    Infants !&wkey;16 — Delinquent Childben — Statutes — Remedy.
    The statute for proceeding against infants as delinquent children does not create a criminal offense, so that a judgment on a trial under it is not appealable, but any remedy is by habeas corpus.
    [Ed. Note. — For other cases, see Infants, Cent Dig. § 16; Dec. Dig. &wkey;16J
    Appeal from Dallas County Court; Quentin D. Corley, Juvenile Judge.
    Odell Mills was proceeded against as a delinquent child, and appeals from the judgment.
    Dismissed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was charged with being a delinquent child. The only question in the case, the evidence not being before us, is certified in a bill of exceptions by the judge; that is, that Odell Mills is a married woman, though under 18 years of age. The contention is that a married woman cannot be the subject of punishment or correction under the juvenile act.

The question presented by the record, in view of the recent decision by the majority of this court in Ex parte Bartee, 174 S. W. 1051, cannot be considered. It was there held that this statute did not create a criminal offense, and therefore a conviction or á trial, and ■ judgment under it, was not the subject of appeal. It was further held that, if the judgment was of such a nature as ought not to have been rendered, the only remedy was by writ of habeas corpus. Under that holding we dismiss the appeal for want of jurisdiction in this court. This relegates the party to her remedy under habeas corpus. Tile writer desires to say that a woman upon her marriage becomes of legal age and ceases to be a juvenile under the act of the Legislature for the correction of children.

Under the decision in the Bartee Case, the appeal herein must be dismissed; and it is accordingly so ordered. 
      <i£=s>For other cases see same topic and KEY-NXJMBBR in all Key-Numbered Digests and Indexes
     