Short v. State
This text of 387 S.W.2d 50 (Short 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.
Opinion
The conviction is for aggravated assault with a motor vehicle, by negligence; the punishment, a fine of $250.
The complaint and information charging negligence are fatally defective for the reason that the act or acts relied upon to constitute negligence are not alleged as required by Art. 408a, Vernon’s Ann.C.C.P. See: Scott v. State, Tex.Cr.App., 344 S.W.2d 457.
By motion to quash, appellant pointed out such defect in the state’s pleading, which motion was by the court overruled.
Because of the insufficiency of the complaint and information, the judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the Court
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387 S.W.2d 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-state-texcrimapp-1965.