Eason v. State

HAWKINS, Presiding Judge.

Conviction is for negligent homicide, punishment assessed being ninety days in jail.

The act of negligence relied on was a violation of subdivision A of Art. 801 P. C. (1925). It was alleged in the complaint and information that appellant drove a motor vehicle upon the left side of a public highway when the road on that side was not clear and unobstructed for a distance of at least fifty yards ahead, etc.

Appellant sought to quash the complaint and information, relying upon Gutirrez v. State, 125 Tex. Cr. R. 283, 68 S. W. (2d) 198 and Morgan v. State, 135 Tex. Cr. R.…