
    LEE v. STATE.
    (No. 5520.)
    (Court of Criminal Appeals of Texas.
    Nov. 5, 1919.)
    Jury <&wkey;29(3) — Waiver; juvenile delinquents.
    In prosecution of defendant between 16 and 17 years of age as a juvenile delinquent, under Code Cr. Proc. 1911, art. 1195, the court had power to impose sentence without a verdict of a jury; a jury having been waived, and the prosecution not being for a felony.
    Appeal from District Court, Hale County; R. C. Joiner, Judge. .
    Allen Lee was convicted as a juvenile delinquent under Code Cr. Proc. art. 1195, and he appeals.
    Affirmed.
    M. J. Baird, of Plainview, for appellant, E. A. Berry, Asst. Atty. Gen., for the State.
   MORROW, J.

The appellant, under complaint and information, was prosecuted and convicted as a juvenile delinquent under article 1195, Code of Criminal Procedure. The judgment orders that he be confined in the State Industrial School for Boys at Gates-ville for a period of not less than two years and not longer than the date when he shall reach the age of 21 years.

The appellant, at the time the offense was committed and at the time of the trial, was between 16 and 17 years of age. The proof supports the allegation in the information, and the only question raised is the power of the court under the Constitution to impose the sentence without the verdict of a jury. The judgment discloses that a jury was waived. This the appellant had the right to do, the prosecution not being for a felony. The Constitution has been uniformly so construed by this court. See Moore v. State, 22 Tex. App. 117, 2 S. W. 634; Schulman v. State, 76 Tex. Cr. R. 229, 173 S. W. 1195.

The judgment is affirmed. 
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