Nichols v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

A majority of the members of this court remain convinced that the evidence as a whole is insufficient to show beyond a reasonable doubt that appellant was guilty of a negligent act or omission such as would authorize his conviction for the offense charged against him. Such holding, it is believed, finds support in Boyd v. State, 129 Tex. Cr. R. 538, 90 S.W. 2d 253.

A quite different rule exists in civil cases, and we need not express our view as to the sufficiency of the evidence to support a claim for damages.

The state’s motion for rehearing is overruled.