Pizzi v. State

ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

Appellant complains that the Court in the original opinion overlooked and overruled, sub silento, the holdings in Mayberry et al. v. State, 168 Tex.Cr.R. 537, 330 S.W.2d 203 and in Dunn et al. v. State, 121 Tex.Cr.R. 30, 53 S.W.2d 307.

In Mayberry v. State, supra, the information alleged on its face that the defendant committed the offense of driving while his license was suspended on March 3, 1959, due to an order suspending his operator’s license on May 28, 1959. In that case it affirmatively appeared from the information that the alleged…