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EAVES v. STATE

No. 33638.

353 S.W.2d 231 (1961)

Kenneth Wayne EAVES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 24, 1962.

Attorney(s) appearing for the Case

Howard M. Wayland, Thomas D. White, Houston, Clyde W. Woody, Houston (On Rehearing Only), for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

Our prior opinions are withdrawn.

The offense is operating a motor vehicle at an unlawful rate of speed; the punishment assessed in County Court at Law #4 of Harris County was a fine of $25.00.

By proper motion to quash, the information was attacked because it failed to allege that said vehicle was operated at said location at a speed which was greater than was reasonable and prudent under...

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