Davis v. State (1947)

In Davis v. State, 150 Tex. Crim. 124, 199 S.W.2d 155 (Tex. Crim. App. 1947), the defendant's vehicle struck a pedestrian and the defendant was immediately stopped and detained by military police a short distance from where the accident occurred. See Davis, 199 S.W.2d at 158. A jury convicted the defendant of failing to stop and render aid. Id. On appeal, the defendant argued that uncontroverted testimony showed he was restrained by the military police and not allowed to return and offer aid to the injured party, and therefore that issue should not have been submitted to the jury. Id. The court of criminal appeals affirmed, concluding the testimony as to whether appellant was prevented from going to the aid of the injured party was not undisputed and the jury was entitled to disbelieve appellant's testimony that he intended to give aid. Id.