OPINION
BREWSTER, Justice.
This is an appeal by the minor, Mary Ruth Wise, from a decree adjudging her to be a delinquent child and awarding her custody to the Chief Probation Officer of Tarrant County. The trial was non-jury.
Article 2338-1, Vernon's Ann.Civ.St., provides in part: "The term `delinquent child' means any child who (a) violates any penal law of this state of the grade of felony; or (b) violates any penal law of this state of the grade...
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