Swift v. State
| Decision Date | 11 February 1942 |
| Docket Number | No. 21911.,21911. |
| Citation | 158 S.W.2d 775 |
| Parties | SWIFT v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Harris County Court at Law No. 2; Frank Williford, Jr., Judge.
Frank Swift was convicted of aggravated assault, and he appeals.
Affirmed.
Snell & Snell, of Houston, for appellant.
Spurgeon E. Bell, State's Atty., of Austin, for the State.
The offense is aggravated assault. The punishment assessed is confinement in the county jail for a period of 30 days and a fine of $100.
It is charged in the complaint and information that on the 23rd day of June, 1941, Frank Swift "did then and there drive and operate a motor vehicle, to-wit, an automobile, on a public highway located in Harris County, Texas, and did then and there commit an aggravated assault in and upon the person of Miss Theodore Jacobs, by then and there willfully and with negligence colliding with and causing injury less than death to the person of Miss Theodore Jacobs," etc.
The testimony adduced shows that appellant, while driving an automobile on Fannin Street in the City of Houston, ran his car into that driven by B. H. Smith; that the collision caused the Smith car to turn almost around and strike Miss Jacobs, thereby knocking her down and otherwise inflicting injuries upon her person.
The case was tried before the court who found appellant guilty and assessed his punishment as above stated.
Appellant claims that the judgment is void for the reason that it does not state of what offense he was found guilty. The pertinent part of the judgment reads as follows: "The Court having heard the Information read and evidence submitted, finds the defendant guilty of Assault by Automobile and assesses the punishment at a fine of One Hundred Dollars and Thirty days in jail."
This prosecution was instituted and maintained under Section 1 of Chapter 12 of the Acts of the 46th Legislature, Vernon's Ann. P.C. art. 1149, Article 1149 of the Penal Code, and providing as follows: "If any driver or operator of a motor vehicle or motorcycle shall wilfully or with negligence, as is defined in the Penal Code of this State in the title and chapter on negligent homicide, collide with or cause injury less than death to any other person he shall be held guilty of aggravated assault, and, upon conviction, shall be punished by fine not less than Twenty-five ($25.00) Dollars, nor more than One Thousand ($1,000.00) Dollars, or by imprisonment in jail not less than one month nor more than two years, or by both such fine and imprisonment." (Acts of 46th Leg., Reg.Session, 1939, Vol. 1, p....
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Adams v. State
...agency employed in the commission of the offense." See, also, Warren v. State, 140 Tex.Cr.R. 119, 143 S.W.2d 620; Swift v. State, 143 Tex.Cr.R. 351, 158 S.W.2d 775. As supporting his contention, appellant relies upon the case of Fuller v. State, 120 Tex.Cr.R. 66, 48 S.W.2d 303. That case ar......
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...595] State, 137 Tex.Cr.R. 164, 128 S.W.2d 36, 38. See also Warren v. State, 140 Tex.Cr.R. 119, 143 S.W.2d 620. In Swift v. State, 143 Tex.Cr.R. 351, 158 S.W.2d 775, proof that Swift ran his car into a car driven by one Smith, causing the Smith car to strike a pedestrian, sustained and was n......
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McCollum v. State
...injury [171 TEXCRIM 160] to such person. 8 Tex.Jur.2d 12, Sec. 373; Schultz v. State, 137 Tex.Cr.R. 164, 128 S.W.2d 36; Swift v. State, 143 Tex.Cr.R. 351, 158 S.W.2d 775. The evidence is sufficient to show that the appellant while operating his automobile by either, or all, or any combinati......
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Jones v. State, 27994
...that appellant committed an aggravated assault by colliding with Fay Reimars. The State directs our attention to Swift v. State, 143 Tex.Cr.R. 351, 158 S.W.2d 775, 776, wherein this Court noted 'that the offense (violation of Art. 1149, V.A.P.C.) may be committed in two ways, one by collidi......