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MIGUEL v. STATE

No. 7523.

500 S.W.2d 680 (1973)

Luis San MIGUEL, Appellant, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Beaumont.

October 11, 1973.

Attorney(s) appearing for the Case

Charles H. Jackson III, San Antonio, for appellant.

Michael P. Hodge, Asst. Dist. Atty., San Antonio, for appellee.

KEITH, Justice.

Appellant was adjudged a juvenile delinquent and placed upon probation in the custody of his parents. The original petition alleged that he was "a child over the age of 10 years and under the age of 17 years, born June 14, 1959"; but there is no proof of any nature whatsoever in the record substantiating the allegations. Appellant took the stand in his defense and testified at length but no one asked him how old he was and no other proof was offered...

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