Finch v. State

• Decision Date: 17 February 1926
• Docket Number: (No. 9878.)
• Citation: 280 S.W. 597
• Parties: FINCH v. STATE.
• Court: Texas Court of Criminal Appeals

280 S.W. 597

FINCH v. STATE.

(No. 9878.)

Court of Criminal Appeals of Texas.

February 17, 1926.

Appeal from District Court, Red River County; R. J. Williams, Judge.

R. T. Finch was convicted of driving an automobile colliding with another vehicle without stopping to render aid to person injured, and he appeals. Reversed and remanded.

T. T. Thompson, of Clarksville, for appellant.

Sam D. Stinson, State's Atty., of Austin, and Nat Gentry, Jr., Asst. State's Atty., of Tyler, for the State.

HAWKINS, J.

Appellant was prosecuted under article 1150, P. C. (1925 Revision), which makes guilty of an offense the driver of an automobile which collides with another vehicle and who fails to stop and render aid to any person injured. His punishment was assessed at imprisonment in the penitentiary for two years.

The punishment prescribed by law is imprisonment in the penitentiary not exceeding five years, or in jail not exceeding one year, or by fine not exceeding $5,000, or by both such fine and imprisonment. Punishment awarded appellant was much greater than the minimum. Attention is directed to this in view of complaint of evidence admitted over appellant's objection.

Accused was a negro. While driving a car in which was another negro man and several negro girls, he collided with a wagon, resulting in injury to some of its occupants. Appellant did not stop and render aid. Excuse for this failure was based on a claim that the driver of the wagon secured a stick and cursed appellant, which caused him to fear injury.

The transaction out of which the present prosecution grew occurred in May, 1925. On cross-examination appellant was asked about a transaction which occurred in Lamar county in 1922. He testified it was not a fact that he went to the penitentiary for stealing McGlasson's car, nor that he got in the car and ran up and down the highway and tried to run over the officers; that he had not run the car into a ditch, but ran it off the road; that he did not steal the car and fill it up with negroes and run up and down the highway as fast as he could, but admitted that officers chased him, and he turned the car over and broke it up. On redirect examination he admitted he had served a term in the penitentiary for his connection with the McGlasson car. Appellant being a witness in his own behalf, it was permissible to show as affecting his credibility that at a time not too remote he had served a term in the penitentiary. See authorities collated under ...