Oliver v. State

BELCHER, Judge.

The trial was before the court on a plea of not guilty to the offense of aggravated assault with a motor vehicle as defined in Art. 1149, V.A.P.C. The court found the appellant guilty and assessed his punishment at a fine of $250.

In a formal bill of exception the trial court certified that at the time of the impact appellant’s motor “Vehicle was, and had been for some period of time, stopped on the highway and was not then in motion.” The bill further recites “that while his (appellant’s) said vehicle was so stopped, and not in motion, the injured party, traveling said highway…