Bassett v. State

• Decision Date: 17 April 1940
• Docket Number: No. 21013.,21013.
• Citation: 139 S.W.2d 267
• Parties: BASSETT v. STATE.
• Court: Texas Court of Criminal Appeals

139 S.W.2d 267

BASSETT v. STATE.

No. 21013.

Court of Criminal Appeals of Texas.

April 17, 1940.

Appeal from County Court at Law No. 2, Harris County; Frank Williford, Jr., Judge.

Sam Bassett was convicted of an offense relative to the proper registration of a motor vehicle, and he appeals.

Reversed, and prosecution ordered dismissed.

J. S. Bracewell, of Houston, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was convicted of an offense relative to the proper registration of a motor vehicle, and fined the sum of $25, hence this appeal.

Article 804 of the Penal Code reads as follows: "Whoever operates upon any public highway a motor vehicle which has not been registered as required by law shall be fined not to exceed two hundred dollars."

In order to find that which is required by law relative to the registration of such automobiles, we are relegated to the civil statutes. Article 6675a—2, Vernon's Ann. Civ.St., reads as follows: "Every owner of a motor vehicle, trailer or semi-trailer, used or to be used upon the public highways of this State, and each chauffeur, shall apply each year to the State Highway Department through the County Tax Collector of the County in which he resides for the registration of each such vehicle owned or controlled by him, or for a chauffeur's license, for the ensuing or current calendar year or unexpired portion thereof * * *."

The information, which follows the complaint, reads in the part pertinent hereto as follows: "* * * did then and there unlawfully operate, and cause and permit to be operated, upon a public street and highway in Harris County, Texas, a motor vehicle, to-wit: an automobile truck and having attached thereto two license plates of the State of Texas being numbered 30c/m795, which motor vehicle had not been theretofore registered as required by law in this: that said motor vehicle had theretofore on the 28th day of March A. D., 1939, been registered in Chambers County, Texas, for the license year 1939 by the said Sam Bassett Lumber Company, a corporation, with its principal office and place of business in Houston, Harris County, Texas; the said Sam Bassett Lumber Company, a corporation, not then and there having its principal office and place of business in Chambers County, Texas; * * *."

We gather from the allegations that appellant is charged with registering his truck in Chambers County, but is not charged therein with not registering the same in Harris County. Inferentially it might be deduced that he had not registered the...