Boardman v. State

OPINION

MASSEY, Chief Justice.

James Daniel Boardman was found to be a delinquent child under the provisions of Vernon’s Ann.Tex.Civ.St. Article 2338^1, “Delinquent children . . . ”, and his custody committed to the Texas Youth Council, with such commitment suspended conditioned upon good behavior and subject to further orders of the court. He appealed.

Since Boardman was a minor the trial court should have appointed a guardian ad litem for him pursuant to delinquency proceedings. This was not done. If we correctly understand Starks v. State, 449 S.W.2d 559 (Eastland, Tex.Civ.App., 1969, error…