Jones v. State, 37878
| Decision Date | 07 April 1965 |
| Docket Number | No. 37878,37878 |
| Citation | 388 S.W.2d 716 |
| Parties | Jesse James JONES, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Wardlow Lane, Center, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
Our prior opinion is withdrawn, and the following substituted:
The conviction is for aggravated assault with a motor vehicle, by negligence; the punishment, a fine of $25.
The complaint and information upon which appellant stands convicted are fatally defective, because the act or acts relied upon to constitute negligence are not alleged, as required by Art. 408a, Vernon's Ann.C.C.P. Scott v. State, 171 Tex.Cr.App. 53, 344 S.W.2d 457.
For such reason, the judgment is reversed and the...
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6 cases
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Cook v. State
...Brown v. State, 558 S.W.2d 471, 472 (Tex.Cr.App.1977); Ex parte Cannon, 546 S.W.2d 266, 273-274 (Tex.Cr.App.1976); Jones v. State, 388 S.W.2d 716 (Tex.Cr.App.1965); and, Scott v. State, 171 Tex.Crim. 53, 344 S.W.2d 457 Frustrated with the common practice of defendants withholding substantiv......
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Studer v. State
...see Scott v. State, 171 Tex.Cr.R. 53, 344 S.W.2d 457 (1961); Short v. State, 387 S.W.2d 50 (Tex.Cr.App.1965); Jones v. State, 388 S.W.2d 716 (Tex.Cr.App.1965). In Gengnagel v. State, supra, we accordingly designated this defect "fundamental," and reversed the conviction though no objection ......
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Arredondo v. State
...the offense, acted recklessly." Art. 21.15, V.A.C.C.P. See and cf. Brown v. State, 558 S.W.2d 471 (Tex.Cr.App.1977); Jones v. State, 388 S.W.2d 716 (Tex.Cr.App.1965)- ; Short v. State, 387 S.W.2d 50 (Tex.Cr.App.1965); Scott v. State, 344 S.W.2d 457 (Tex.Cr.App.1961). We hold that the indict......
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Gengnagel v. State
...cases. See Scott v. State, 344 S.W.2d 457 (Tex.Cr.App.1961); Short v. State, 387 S.W.2d 50 (Tex.Cr.App.1965); and Jones v. State, 388 S.W.2d 716 (Tex.Cr.App.1965). Each of the charging instruments in Scott, supra, Short, supra, and Jones, supra, purported to allege the offense of assault wi......
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