Perez v. State

Court of Criminal Appeals of Texas

Perez v. State

545 S.W.2d 839, 1977 Tex. Crim. App. LEXIS 932

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 19, 1977

DocketNo. 53375

StatusPublished

This text of 545 S.W.2d 839 (Perez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perez v. State, 545 S.W.2d 839, 1977 Tex. Crim. App. LEXIS 932 (Tex. 1977).

Pincite

Opinion

OPINION

DOUGLAS, Judge.

The conviction is for assault with a motor vehicle. Punishment was assessed at ten days in jail and a fine of $25.00.

[840]*840The complaint and information do not charge an offense. They allege that appellant did then and there unlawfully “commit the offense of assault with a motor vehicle against the peace and dignity of the State.”

In 8 Tex.Jur.2d, Section 373, page 12, the correct rule is found. It is as follows:

“The offense of assault must arise out of the collision of the vehicle with a person, or a causing of injury to a person. And the assault may consist of the vehicles striking a person’s body or its striking a vehicle in which a person is riding, or its striking a vehicle that is thereby caused to strike the victim; . . . .”

See also McCollum v. State, 171 Tex.Cr.R. 158, 346 S.W.2d 126 (1961).

Because no offense is charged, the judgment and the prosecution are ordered dismissed.

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