Court of Criminal Appeals of Texas, 1937

Smithart v. State

Smithart v. State
Court of Criminal Appeals of Texas · Decided June 16, 1937 · Lattimore, Morrow
109 S.W.2d 207; 133 Tex. Crim. 145; 1937 Tex. Crim. App. LEXIS 464 (South Western Reporter, Second Series)

Smithart v. State

Opinion of the Court

LATTIMORE, Judge. —

Conviction for driving a truck upon a highway with a load in excess of 7,000 pounds in weight; punishment, a fine of $25.

This is a companion case in all of its essential features to *146 that, of Morrison v. State, Cause No. 19065, opinion this :day handed down (Page 141 of this volume). For the reasons stated in the Morrison case, and applying same to the facts and. law in this case, the judgment will be affirmed.

Affirmed.

Addendum

ON MOTION FOR REHEARING.

MORROW, Presiding Judge. —

Appellant moves for rehearing in this case upon the same grounds as set up by the same counsel in Cause No. 19065, Claude Morrison v. State (Page 141 of this volume). The contentions being the same and the issues the same, the motion for rehearing in this case is overruled for the reasons set forth in our opinion on rehearing in cause No. 19065, this day handed down.

Overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.