Short v. State
Cases that cite this one
8 later published cases cite this decision.
- Crume v. State (Tex. Crim. App. 1983)
- Studer v. State (Tex. Crim. App. 1990)
- Gengnagel v. State (Tex. Crim. App. 1988)
- Garcia v. State (Tex. Crim. App. 1973)
- Arredondo v. State (Tex. Crim. App. 1979)
- Cole v. State (Tex. Crim. App. 1977)
- Townsley v. State (Tex. Crim. App. 1976)
- Finch v. State (Tenn. Crim. App. 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.