Short v. State, 37710
| Decision Date | 24 February 1965 |
| Docket Number | No. 37710,37710 |
| Citation | 387 S.W.2d 50 |
| Parties | Norman Homer SHORT, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Bryant, Glenn & Thomas, by Bill Thomas, Abilene (On Appeal), for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for aggravated assault with a motor vehicle, by negligence; the punishment a fine of $250.
The complaint and information charging negligence are fatally defective for the reason that the act or acts relied upon to constitute negligence are not alleged as required by Art. 408a, Vernon's Ann.C.C.P. See: Scott v. State, Tex.Cr.App., 344 S.W.2d 457.
By motion to quash, appellant pointed out such defect in the state's pleading, which motion was by the court overruled.
Because of the insufficiency of the complaint and information, the judgment is reversed and the prosecution is ordered dismissed.
Opinion approved by the Court.
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Studer v. State
...suffering such a failure as "fatally defective," 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,"......
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...interpreting Art. 21.15, supra, in criminal negligence 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 Jone......
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...to allege the act or acts relied upon to constitute negligence as required by the then Art. 408a, V.A.C.C.P. See also Short v. State, Tex.Cr.App., 387 S.W.2d 50; Scott v. State, Tex.Cr.App., 344 S.W.2d 457; and White v. State, Tex.Cr.App., 299 S.W.2d I dissent to the affirmance of this conv......