Bell v. State

On Appellant’s Motion for Rehearing.

WOODLEY, Commissioner.

Appellant says that we were in error in holding the complaint and information to be sufficient without an allegation that appellant drove his automobile into the person injured, or into a vehicle in which such person was riding.

Art. 1149, P.C., Vernon’s Ann.P.C. art. 1149, does not contain such language, though it has been construed to mean that the collision should be made with a motor vehicle. See Schultz v. State, 137 Tex.Cr.R. 164, 128 S.W.2d 36.

Appellant points out that in Huff v. State, 123 Tex.Cr.R. 238, 58 S.W.2d 113, the…