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JOINER v. STATE

No. 5213.

494 S.W.2d 598 (1973)

Theodore JOINER, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

April 19, 1973.

Attorney(s) appearing for the Case

Jones, Francis & Youts, Waco, for appellant.

Martin Eichelberger, Dist. Atty., Randall Sellers, Asst. Dist. Atty., Waco, for appellee.

VIC HALL, Justice.

The State of Texas initiated this proceeding under the provisions of Article 2338-1, Vernon's Ann.Tex.Civ.St., known as the Juvenile Delinquency Act, to have the 16-year old appellant declared to be a delinquent. The State's sole basis for delinquency was that appellant voluntarily killed Wiley Alonzo Scott on July 11, 1972, by stabbing Scott with a knife, and thereby committed the felony offense of murder. Sec. 3 of article 2338-1 provides,

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