McCollum v. State

ON appellant’s motion for rehearing

DICE, Judge.

Appellant strenuously insists that the evidence is insufficient to sustain the conviction because there was no proof that his automobile struck either the injured party or the motorcycle upon which he was riding, but on the contrary the evidence shows that the motorcycle struck appellant’s automobile. Appellant insists that, upon such facts, the conviction cannot be sustained under our holding in Fannin v. State, 168 Tex. Cr. R. 593, 331 S.W. 2d 47.

Under the facts, we do not deem Fannin v. State, supra, here controlling.

In the Fannin case, the…