LI

. - R-147

Htwah 7,.1947

Bon. GeorgeT.ThosSs County Attorney HowardCounty Big Spring, Texas

Berr 32r: Opinion No. v-77 Rez Whether or not a girl of 17 years OSa60 ah0has besa marriedmaybe tried, for crime under the $weml pelial .statutes, or should be treated in law as a “delinquent child”

. Webeg to scknowledge receipt of your letter nuking request for an oplniou by this depsrtment on the above titled subject matter, your letter being 88 f'ol10W3:

“IS a girl whois 17yeam of age, but whobra been mrrled, to be tried and pun&ahed under the general penal statutes as a grown person for offenses which she commits, or 1s’ she a “delinquent child” and to be tried and treated as such, n ,., Chaptw 204, S?naOe Bill No. 4liof the 48th (Vtwnou’s Codlfiis a comprehensive lav uponthe subgict of delinquent children.

Awing ite provialona me the r0n0wiag:

the pande~ag of a crlmagalnat say person In any other court than a Juvenile Court, it shall be ascertained thst said person is a feprrle over the bge o ten (10) yeara and under the age of eketeen 18) years, or is e male person overHon. George T. Thomas, Page 2, V-77

the age of ten (10) years end under the age of aeyepteeo (17) years, at the time of the

‘trial ;for the alleged offense, it shall be the duty of such~court to transfer such.cese itmnedia

tely ~together with all pspers,.~flocuf.,: ,:., ,,, mn,.s and testimony connected thereviig;b”t~~:i::“~~~~:~“~~: the Juvenile ,Coup& of mid county. + +.*. "li.:?:~?-~~;,r,~:.*

“Sec. 13.. Noadjudication upon the stetua of any ch’lld In the jurisdiction of the court sb&ll.:opera,,te to impose any of the civil dissbllltles~,ordinsrlly imposed by conviction, nor ‘shall any child be deemeds criminal by reason of such adjudication, ‘nor’ shall ‘such edjudlcation be deemeda conviction, nor shall any child be charged with o,pconvicted of e trims in any court. * * *

Bofemale person over the age end under the age of eightor any mle person over the age of ten (1Oj years and under the age, of seventeen (17) years, shall be placed or committed to any compartment of say jail or lockupin which persons over juvenile age are incarcerated or detained; * * *. Moreover, by that act the juvenile proceeding Is madea civil proceeding, appeals in which are to be taken to the Court of Oivll Appeals, and nay be carried to the SupremeCourt by writ or error or upon certlficate as in other civil cases, (Sec. 211, and the proCeedlng,,is declared to be “In the nature of e guardian method. (Sec. 25).

Thearticle contains noexception to the above emphatic cleaslficationa.

Article 4625 of the Revised Civil Statutes declares that:

‘Avery female under the agehe of twenty-one (21) years whoshall marry in accordance with

,‘

.’ -the laws of this state, shall, from and after the time of such marriage, be deemedto be of full age end shall have all the rights and privileges to which she would have been entitled had she be,enet the time of her surriage of full age.Hon. George T. Thonna, Page 3, V-77

Frome consideration of these two statutes (both of which you have cited in your request) it is clear, wethink, there is no conflict between them. If there should be irreconcilable conflict, however, the Delinquent Child Act being the later, vould,bg implication repeal the former statute Insofar es the conflict extended.

It is clear, however, that the only effect of Article 4625 is to emancipate any fermle of msrriegeable age from the dlaebilitles of minority uponher marricLge* It has been held that this is true even though the marriage was in lawe void msrrlege. vs. Dumke,87 S. W. 1147). (See Earkley

Weexpress ne opinion upon the right of the state to Ilaintaln a prosecution sebinst the delinquent fenale after she arrives at the age of eighteen (18) 'pars. m question Is not before us, end we understand such a question la nov pending under submission in the Court of Crlmlaral Appeals. SUMMARY (1) Afemale seventeen (17) years of age, whola amrrled, does not thereupon become subject to e crlmlnal prosecution, (Vernon’s Civil Statutes, Art. 2338-l) (2) Article 4625 of the Revised Civil Statutes providing “that fenales under 21 years of age uponmarriage are deemedto be of full age, and shall heve the rights and privileges to which she would have been entitled had she been at time of merrlage of full age", hes no bearing uponthe 9ueatlon of crime by e dellnquent juvenlle

. Art. Civil Statutes). 2338-1, Sec. 3, Vernon’s
Yours very truly, ATTORNEY

GRRERAL

OFTRYAS APPROVRD

OPXNICW

CQEIMITTIEB: BY BWB, CIi4IRMAR BY -dqh OS:acm:mj Ocle Speep' Assistant