Turney v. State

OPINION

DUGGAN, Justice.

Following his jury waiver, the trial court found appellant, Jerry Wayne Turney, guilty of failure to stop and render assistance, and assessed his punishment at five-years confinement in the penitentiary, probated, and a $500 fine. Tex.Rev.Civ.Stat. Ann. art. 6701d, §§ 38(a), 38(b), 40 (Vernon 1977 & Supp.1993). We reverse.

In a single point of error, appellant complains that the evidence was insufficient for the trial court as fact finder to determine that he failed to stop and render reasonable assistance, as alleged in the indictment. Appellant concedes that he was the…