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EX PARTE MATTHEWS

No. 45693.

488 S.W.2d 434 (1973)

Ex parte Johnny Ray MATTHEWS.

Court of Criminal Appeals of Texas.

January 3, 1973.

Attorney(s) appearing for the Case

Bill Pemberton, Greenville, for appellant.

Larry Miller, Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from an order denying an application for a writ of habeas corpus.

Appellant attacks the constitutionality of that portion of Article 2338-1, § 3, Vernon's Ann.Civ.St., which defines the word "child" to mean any female person over the age of ten years and under the age of eighteen years and any male person over the age of ten years and under the age of seventeen years.1

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