Scott v. State

J. B. SCOTT, Appellant, v. STATE of Texas, Appellee

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

Court: Court of Criminal Appeals of Texas · State Highest Courts
Decided: March 1, 1961
Docket: No. 33053
Judges: Belcher
Citations: 344 S.W.2d 457171 Tex. Crim. 531961 Tex. Crim. App. LEXIS 4332

Opinion — Belcher

BELCHER, Commissioner.

The conviction is for aggravated assault with a motor vehicle by negligence; the punishment, 90 days in jail and a $500 fine.

The complaint and information charging negligence is 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., enacted in 1959, which provides that the state’s pleading “must allege, with reasonable certainty, the act or acts relied upon to constitute negligence, and in no event shall it be a sufficient compliance with this. Act to allege merely that the accused, in committing the offense, acted negligently or with negligence”.

The judgment is reversed and the cause is remanded.

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 12 cases

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Relies on it most ⓘ

Crume v. State658 S.W.2d 607 (Tex. Crim. App. 1983)
Studer v. State799 S.W.2d 263 (Tex. Crim. App. 1990) · Concurrence
Cook v. State902 S.W.2d 471 (Tex. Crim. App. 1995)
Gengnagel v. State748 S.W.2d 227 (Tex. Crim. App. 1988)
Townsley v. State538 S.W.2d 411 (Tex. Crim. App. 1976)
Cole v. State556 S.W.2d 343 (Tex. Crim. App. 1977)

Most recent

Cook v. State902 S.W.2d 471 (Tex. Crim. App. 1995)
Studer v. State799 S.W.2d 263 (Tex. Crim. App. 1990) · Concurrence
Gengnagel v. State748 S.W.2d 227 (Tex. Crim. App. 1988)
Crume v. State658 S.W.2d 607 (Tex. Crim. App. 1983)
Arredondo v. State582 S.W.2d 457 (Tex. Crim. App. 1979)
Brown v. State558 S.W.2d 471 (Tex. Crim. App. 1977)

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

Depth	Case	Cited by
	Tex. Employers Ins. Ass'n v. Tex. Steel Erection Co., 344 S.W.2d 457 (Tex. App. 1961)	3

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