Court of Criminal Appeals of Texas, 1965

Short v. State

Short v. State
Court of Criminal Appeals of Texas · Decided February 24, 1965 · Dice
387 S.W.2d 50 (South Western Reporter, Second Series)
Short v. State

Cases that cite this one

8 later published cases cite this decision.

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Opinion

DICE, Commissioner.

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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