Garcia v. State, 18025.

• Decision Date: 18 March 1936
• Docket Number: No. 18025.,18025.
• Citation: 96 S.W.2d 977
• Parties: GARCIA v. STATE.
• Court: Texas Court of Criminal Appeals

Page 977

96 S.W.2d 977

GARCIA v. STATE.

No. 18025.

Court of Criminal Appeals of Texas.

March 18, 1936.

Rehearing Denied June 24, 1936.

Application for Leave to File Second Motion for Rehearing Denied October 14, 1936.

Commissioners' Decision.

Appeal from District Court, Hidalgo County; Bryce Ferguson, Judge.

Guadalupe Garcia was convicted of violating the statute making it a crime to strike another with a motor vehicle and fail to stop and render aid, and he appeals.

Affirmed.

Kennedy Smith, of Edinburg, for appellant.

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

CHRISTIAN, Judge.

Appellant was convicted of violating article 1150, P.C., and his punishment assessed at confinement in the penitentiary for three years.

Appellant entered a plea of guilty. The proof on the part of the state was to the effect that appellant, while driving his automobile, ran over and killed J. D. Hausenfluck; and, further, that he drove away without stopping and offering the necessary assistance.

Omitting the formal parts, the count of the indictment under which conviction was obtained reads as follows: "Guadalupe Garcia on or about the 14th day of March, A. D. one thousand nine hundred and thirty-five and anterior to the presentment of this indictment, in the County of Hidalgo and State of Texas was then and there the driver of and in control of an automobile, and while operating and controlling said automobile, he, the said Guadalupe Garcia, did strike J. H. Hausenfluck with said automobile so driven by the said Guadalupe Garcia, and did then and there thereby and therewith injure the person of the said J. D. Hausenfluck, and the said Guadalupe Garcia did then and there unlawfully fail to stop and render to the said J. D. Hausenfluck, the person struck and injured, as aforesaid, all necessary assistance in this, to-wit: the said Guadalupe Garcia did then and there fail to stop and to carry the said J. D. Hausenfluck to a physician and surgeon for medical and surgical treatment required by the said J. D. Hausenfluck by reason of the said injury received, as aforesaid, by being struck by said automobile so driven by and in control of Guadalupe Garcia."

We quote article 1150, supra: "Whenever an automobile, motorcycle or other motor vehicle whatsoever, regardless of the power by which the same may be propelled, or drawn, strikes any person or collides with any vehicle containing a person, the driver of, and all persons in control of such automobile, motor vehicle or other vehicle shall stop and shall render to the person struck or to the occupants of the vehicle collided with all necessary assistance including the carrying of such person or occupants to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying is requested by the person struck or any occupant of the vehicle collided with; and such driver and person having or assuming authority of such driver shall further give to the occupant of such vehicle or person struck, if requested at the time of such striking or collision or immediately thereafter, the number of such automobile, motorcycle or motor vehicle, also the name of the owner thereof and his address, the names of the passenger or passengers not exceeding five in each automobile or other vehicle, together with the address of each one thereof. Any person violating any provision of this article is punishable by imprisonment in the penitentiary not to exceed five years or in jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment."

It is appellant's contention that the judgment should be reversed...