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Short v. State

Norman Homer SHORT, Appellant, v. the STATE of Texas, Appellee

Short v. State, 387 S.W.2d 50 (Tex. Crim. App. 1965)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
February 24, 1965
Docket
No. 37710
Judges
Dice
Citations
387 S.W.2d 50
Cited by 8

Opinion — Dice

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

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1973: 21976: 11977: 11979: 11983: 11988: 11990: 119732026peak 1973 · 2

Relies on it most ⓘ

  1. Gengnagel v. State748 S.W.2d 227 (Tex. Crim. App. 1988)
  2. Crume v. State658 S.W.2d 607 (Tex. Crim. App. 1983)
  3. Studer v. State799 S.W.2d 263 (Tex. Crim. App. 1990)
  4. Townsley v. State538 S.W.2d 411 (Tex. Crim. App. 1976)
  5. Arredondo v. State582 S.W.2d 457 (Tex. Crim. App. 1979)
  6. Cole v. State556 S.W.2d 343 (Tex. Crim. App. 1977)

Most recent

  1. Studer v. State799 S.W.2d 263 (Tex. Crim. App. 1990)
  2. Gengnagel v. State748 S.W.2d 227 (Tex. Crim. App. 1988)
  3. Crume v. State658 S.W.2d 607 (Tex. Crim. App. 1983)
  4. Arredondo v. State582 S.W.2d 457 (Tex. Crim. App. 1979)
  5. Cole v. State556 S.W.2d 343 (Tex. Crim. App. 1977)
  6. Townsley v. State538 S.W.2d 411 (Tex. Crim. App. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Scott v. State, 344 S.W.2d 457 (Tex. Crim. App. 1961) 12

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