Ex Parte Matthews

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

Any attack upon Article 2338-1, § 3, V.A.C.S., must necessarily be an attack upon Article 30, § 2, Vernon’s Ann.P.C., 2 providing:

“No male under 17 years of age and no female under 18…