NICHOLS v. STATE

No. 24939.

236 S.W.2d 801 (1951)

NICHOLS v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1951.


Attorney(s) appearing for the Case

George Red, Henry P. Giessel, Houston, Texas, for appellant.

A. C. Winborn, Criminal Dist. Atty., E. T. Branch, Asst. Criminal Dist. Atty., Houston, George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

This prosecution arose under art. 1149, P.C. which denounces the offense of assault with a motor vehicle. The trial was to the court, with punishment assessed at a fine of $50.

The charging part of the information reads as follows: "* * * did then and there drive and operate a motor vehicle, to-wit, an automobile truck, and while so engaged did then and there commit an aggravated assault in and upon the person of Bertha Tyler by wilfully...

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