Eaves v. State

MORRISON, Judge.

Our prior opinions are withdrawn.

*671The offense is operating a motor vehicle at an unlawful rate of speed; the punishment assessed in County Court at Law No. 4 of Harris County was a fine of $25.00.

By proper motion to quash, the information was attacked because it failed to allege that said vehicle was operated at said location at a speed which was greater than was reasonable and prudent under the conditions then existing, or words of similar import.

The question of the constitutionality of Subsection 1 of Section 8, Article 827a, V.A.P.C., a part of the 1951 speed law, is now…