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Smithart v. State

Court of Criminal Appeals of Texas
Oct 20, 1937
109 S.W.2d 207 (Tex. Crim. App. 1937)

Opinion

No. 19066.

Delivered June 16, 1937. Rehearing Denied October 20, 1937.

Vehicle on Highway Carrying Excessive Load.

Conviction for driving truck upon highway with load in excess of seven thousand pounds, affirmed, and motion for rehearing overruled for reasons stated in Morrison v. State, No. 19065 (page 141 of this volume).

Appeal from County Court at Law of Jefferson County. Hon. C. N. Ellis, Judge.

Appeal from conviction for driving a truck upon a highway with a load in excess of 7,000 pounds in weight; penalty, fine of $25.

Affirmed.

The opinion states the case.

Jack M. Moore and John H. Benckenstein, both of Beaumont, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


Conviction for driving a truck upon a highway with a load in excess of 7,000 pounds in weight; punishment, a fine of $25.

This is a companion case in all of its essential features to that of Morrison v. State, Cause No. 19065, opinion this day handed down (Page 141 of this volume). For the reasons stated in the Morrison case, and applying same to the facts and law in this case, the judgment will be affirmed.

Affirmed.

ON MOTION FOR REHEARING.


Appellant moves for rehearing in this case upon the same grounds as set up by the same counsel in Cause No. 19065, Claude Morrison v. State (Page 141 of this volume). The contentions being the same and the issues the same, the motion for rehearing in this case is overruled for the reasons set forth in our opinion on rehearing in cause No. 19065, this day handed down.

Overruled.


Summaries of

Smithart v. State

Court of Criminal Appeals of Texas
Oct 20, 1937
109 S.W.2d 207 (Tex. Crim. App. 1937)
Case details for

Smithart v. State

Case Details

Full title:A. F. SMITHART v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Oct 20, 1937

Citations

109 S.W.2d 207 (Tex. Crim. App. 1937)
109 S.W.2d 207