Delk v. State
| Decision Date | 01 May 1963 |
| Docket Number | No. 35731,35731 |
| Citation | 368 S.W.2d 200 |
| Parties | Roy Herbert DELK, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Clayton, Martin & Harris, Amarillo, for appellant.
Naomi Harney, County Atty., Richard W. Brainerd and Nolan K. Read, Jr., Asst. Dist. Attys., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for negligent homicide in the second degree; the punishment, a fine of $250.
The prosecution grew out of an automobile collision, in the city of Amarillo, between a '1952-1953' pickup truck driven by appellant and a Chevrolet automobile driven by Mrs. Mae Threlkeld Pace, the deceased. The collision occurred at the intersection of Buchanan Street and South East Fifteenth Avenue. At the time, appellant was driving north on Buchanan Street and Mrs. Pace was driving her vehicle west on Fifteenth Avenue. In the collision Mrs. Pace received certain injuries, from which she died.
The information was in two counts, which alleged separate unlawful acts by appellant in the operation of his vehicle at the time of the collision.
In the first count it was alleged that upon arriving at the intersection, appellant failed to stop in obedience to a stop sign erected on Buchanan Street, before driving his vehicle into the intersection.
The second count alleged that appellant failed to yield the right-of-way from the stop sign at the intersection to the automobile driven by the deceased, which was proceeding along and upon a through street, approaching the intersection from another direction so closely as to constitute an immediate hazard.
The two unlawful acts appear to have been alleged under the provision of Article 6701d, Sec. 73(b), V.A.C.S., which reads:
'The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.'
Both counts were submitted to the jury by the court, and a general verdict was returned by the jury finding appellant guilty as charged.
At the trial the state called, among other witnesses, city officers B. H. Anderson and James T. Carver, who went to the scene of the collision and investigated the accident. From their testimony it was shown that the point of impact between the two vehicles was at approximately the center of the intersection. Anderson placed the point of impact in the center and Carver placed the point five or five and one-half feet north of center. After the impact, the Chevrolet automobile driven by the deceased spun completely around and remained in the intersection. There was extensive damage to the front of the vehicle which was described as partially impact damage and partially drag damage. The appellant's pickup, after impact, traveled in a northwest direction across a curb and came to rest in a yard. It had been struck on the right fender behind the bumper. Neither vehicle made skid...
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