Court of Criminal Appeals of Texas February 24, 1965, 37710 (Short v. State)

DICE, Commissioner.

The conviction is for aggravated assault with a motor vehicle, by negligence; the punishment, a fine of $250.

The complaint and information charging negligence are fatally defective for the reason that the act or acts relied upon to constitute negligence are not alleged as required by Art. 408a, Vernon’s Ann.C.C.P. See: Scott v. State, Tex.Cr.App., 344 S.W.2d 457.