Ward v. State, 23031.

• Decision Date: 24 January 1945
• Docket Number: No. 23031.,23031.
• Citation: 184 S.W.2d 925
• Parties: WARD v. STATE.
• Court: Texas Court of Criminal Appeals

184 S.W.2d 925

WARD v. STATE.

No. 23031.

Court of Criminal Appeals of Texas.

January 24, 1945.

Appeal from County Court at Law No. 2, Harris County; W. M. Holland, Judge.

Morgan George Ward was convicted of aggravated assault with a motor vehicle under article 1149, Vernon's Ann.P.C., and he appeals.

Affirmed.

See, also, 185 S.W.2d 577.

Russel A. Bonham and King C. Haynie, both of Houston, for appellant.

Ernest S. Goens, State's Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Appellant was charged in cause No. 68048 in the trial court with aggravated assault with a motor vehicle under Article 1149, Vernon's Ann.P.C., which reads 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 of 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; unless such injuries result in death, in which event the driver or operator of any motor vehicle or motorcycle shall be dealt with under the general law of homicide."

Appellant waived a jury and was tried before the court who found him guilty and fixed his punishment at a fine of $200.

E. E. Spaulding, the injured party, was walking along a street in Houston. A car was parked on the side of the street, and Mr. Weiser, the owner, was fixing a flat tire. The car driven by appellant struck Spaulding when he was near the Weiser car. Spaulding was caught on the front fender or bumper of appellant's car and was jammed into the rear of the Weiser car.

It is not necessary to set out the evidence at length. Mr. Weiser testified that the driver of the car which struck Spaulding "Did not give his name or address out there. I did not talk to him. The only thing I seen him do after the accident was —he got out of the car and stood around. After the ambulance picked up this man (referring to Spaulding) he (appellant) went and got back in his car and stayed there until the officer came." Mr. Weiser did not undertake to identify appellant as the man who was driving the car which ran into Spaulding.

Officer Howard testified that he got to the scene of the accident at 10:05 P. M., and immediately went to the car, and appellant told him he (appellant) was the driver of the car. Mr. Spaulding testified that the accident occurred at 9:55 P. M.

Appellant did not testify and offered no evidence.

The officers testified that appellant was sitting under the steering wheel of his car; that his breath was strong with alcohol...