Eaves v. State

353 S.W.2d 231 (1961)

Kenneth Wayne EAVES, Appellant,

v.

The STATE of Texas, Appellee.

No. 33638.

Court of Criminal Appeals of Texas.

December 6, 1961.

Rehearing Denied January 24, 1962.

Howard M. Wayland, Thomas D. White, Houston, Clyde W. Woody, Houston (On Rehearing Only), for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

Our prior opinions are withdrawn.

The offense is operating a motor vehicle at an unlawful rate of speed; the punishment assessed in County…