PAYNE v. STATE

No. 36335.

374 S.W.2d 235 (1963)

Leroy PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 29, 1964.


Attorney(s) appearing for the Case

Thomas M. Ryan, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Carol S. Vance, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for aggravated assault with a motor vehicle; the punishment, sixty days in jail and a fine of $200.

The state's evidence shows that the appellant, while operating a motor vehicle on a four-lane highway within the city limits of Jacinto City, drove across the center of the highway at a forty-five degree angle and struck an oncoming automobile in which the injured party, a boy...

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