Saliz v. State
Saliz v. State
Opinion of the Court
Appellant was charged by complaint and information with being a delinquent child under the age of seventeen and over the age of ten years.
It was charged that he had stolen a coat of the value of five dollars. Upon a hearing before the court he was adjudged to be a delinquent child and was committed to the Boys’ State Training School for an indeterminate term not exceeding the time he shall have arrived at the age of twenty-one years from the date of commitment. In due time he filed a motion for new trial which, upon a hearing before the court, was overruled, to which he excepted and gave notice of appeal to this court.
Appellant brings forward three complaints in each of which he contends that reversible error is presented. We will dispose of his contentions in the order in which they are presented in his brief.
His first complaint is that Article 1087, C. C. P., which requires that written notice shall be served upon the parent or parents of the child, if living and known, or upon the child’s
Appellant’s next complaint is that no evidence was introduced upon his trial other than that he was fourteen years of age, together with his extrajudicial confession. His contention seems to be that his conviction is not justified because the State failed to offer any evidence of his guilt other than his extrajudicial confession. He cites us to' a number of authorities as sustaining his contention, but all of the cases to which he refers are those in which the accused was charged with a felony and are not applicable to offenses classed as misdemeanors. In the present instance, appellant was charged with a misdemeanor theft to which he, in open court, entered a plea of guilty. This was a judicial confession of guilt and was sufficient as a basis upon which to predicate a judgment of conviction, in misdemeanor cases. See Art. 518, C. C. P., also Burton v. State, 112 Tex. Cr. R. 334, 16 S. W. (2d) 828; Preacher v. State, 135 Tex. Cr. R. 320, 119 S. W. (2d) 1051.
Appellant’s third contention is but a repetition of his second and what we have said in disposing of the second applies equally to the third complaint.
Finding no reversible error in the record, the judgment of the trial court is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.