Dugan v. State

WOODLEY, Judge.

The conviction is for assault with a motor vehicle; the punishment 30 days in jail and a fine of $75.

We overruled the contention, that the complaint and infor mation are insufficient because of the absence of an allegation that the act was done wilfully.

A complaint for the violation of Art. 1149 P.C. may allege the offense to have been wilfully committed, or that it was committed through negligence, or both. Young v. State, 120 Tex. Cr. Rep. 39, 47 S.W. 2d 320; Clifton v. State, 138 Tex. Cr. Rep. 258, 135 S.W. 2d 115.

The complaint and information alleged that at the time of the…