WALTER, Justice.
The State of Texas filed a petition against Gene Arthur Gamble asserting that he was a delinquent child in that he did unlawfully carry on or about his person a pistol. In a non-jury trial, the court found Gamble to be a delinquent child and he has appealed.
The rules of civil procedure are applicable to this case. In Dendy v. Wilson, 142 Tex. 460, 179 S.W.2d 269, at page 277, 151 A.L.R. 1217 (1944), the court said:
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