Legal Opinion

Burns v. State

Court of Criminal Appeals of Texas

Decided November 22, 1939No. 20,611PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

The offense is violating the statute requiring that when an automobile strikes a person the driver shall stop and render the necessary aid; the punishment, confinement in the penitentiary for two years. See Art. 1150 Vernon’s Tex. Ann. P. C.

While driving his automobile at night appellant struck and killed H. L. Martin, who was walking on the highway. According to the theory of the State, given support in the testimony, appellant failed to stop and render the aid required by the statute. It was appellant’s version that he did not know that he had hit anyone until he had driven…

2Cases cited5 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1902
  2. Stalling v. StateCourt of Criminal Appeals of Texas · 1921
  3. Smith v. StateCourt of Criminal Appeals of Texas · 1908
  4. Flores v. StateCourt of Criminal Appeals of Texas · 1917
  5. Flores v. StateCourt of Criminal Appeals of Texas · 1917

3Cited by2 opinions

  1. Hunter v. StateCourt of Criminal Appeals of Texas · 1940
  2. Turner v. StateCourt of Criminal Appeals of Texas · 1957

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