Texas Attorney General Opinion: V-77 Page: 3 of 3
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lon. George T. Thomas, Page 3, V-77
From a consideration of these two statutes
(both of which you have cited in your request) it is
clear, we think, there is no conflict between them.
If there should be irreconcilable conflict, however,
the Delinquent Child Act being the later, would, by
implication repeal the former statute insofar as the
conflict extended.
It is clear, however, that the only effect
of Article 4625 is to emancipate any female of marriage-
able age from the disabilities of minority upon her mar-
riage. It has been held that this is true even though
the marriage was in law a void marriage. (See Barkley
vs. Dumke, 87 3. W. 1147).
We express no opinion upon the right of the
state to maintain a prosecution against the delinquent
female after she arrives at the age of eighteen (18)
years. That question is not before us, and we under-
stand such a question is now pending under submission
in the Court of Criminal Appetls.
SUMMARY
(1) A fem e seventeen (17) years of age,
who is married, does not thereupon become db-
ject to a criminal prosecution. (Vernon's
Civil Statutes, Art. 2338-1)
(2) Article 4625 of the Revised Civil
Statutes providing "that females under 21 years
of age upon marriage are deemed to be of full
age, and shall have the rights and privileges
to which she would have been entitled had she
been at time of marriage of full age", has no
bearing upon the question of crime by a delin-
quent juvenile. (Art. 2338-1, Sec. 3, Vernon's
Civil Statutes).
A 0VED Ml. 7, 19 7 Yours very truly,
9S****t ATTORNEY GENERAL OF TEXAS
ATTORNEY GENERAL
APPROVED OPINION COMMITTER
BY BWB , CHAIRMAN By
Ocile Speep
OS :acm:mj Assistant
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-77, text, March 7, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264896/m1/3/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.