White v. State

299 S.W.2d 292, 164 Tex. Crim. 346, 1957 Tex. Crim. App. LEXIS 2110

Opinions

BELCHER, Judge.

Appellant was convicted upon an information alleging that he “did then and there unlawfully operate a motor vehicle upon a public highway, to wit, United States Highway No. 190, in a reckless manner.” The punishment was assessed at a fine of $25.

It appears that the state attempted to here charge an offense under Sec. 51 of Art. 6701d, Vernon’s Ann. Civ. Stat.

In Ex parte De La Pena, 157 Texas Cr. Rep. 560, 251 S.W. 2d 890, we said: “Said Sec. 8 of Art. 827a, Vernon’s Ann. P.C., appears to be the latest expression by the legislature of this state touching the regulation of traffic upon the public highways, and supersedes, if it does not repeal, said Sec. 51 of Art. 6701d, R.C.S.”

The state’s pleading herein does not charge an offense under the provisions of Art. 827a, Vernon’s Ann. P.C., nor does it charge an offense under Sec. 51 of Art. 6701d, Vernon’s Ann. Civ. Stat.

The judgment is reversed and the prosecution is ordered dismissed.

Opinion approved by the Court.