
    Malcolm Mince v. The State.
    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.
   LATTIMORE, Judge.

—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 ease 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^  