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COBARRUBIAS v. STATE

No. 35464.

365 S.W.2d 360 (1963)

Herman Ferandez COBARRUBIAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1963.

Attorney(s) appearing for the Case

James J. Shown, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Theodore P. Busch, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is speeding; the punishment, a fine of $105.00.

The complaint was in all things regular and in compliance with the requirements set forth in Eaves v. State, Tex.Cr.App., 353 S.W.2d 231. However, when proof that the area in which the speeding occurred was "a business and residential district," as alleged, was questioned, the State wholly failed to prove that it was in such a district, as defined...

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