On Motion for Rehearing.
After further consideration, we have concluded that we were in error in our disposition of count 2 and therefore grant the State’s motion for rehearing.
Prior to adoption of Sections 38, 39 and 40 of Article 6701d, Vernon’s Ann.Rev. Civ.St. (Uniform Act Regulating Traffic on Highways), in 1947, the law relating to failure to stop and render aid was con*728tained in Article 1150, Vernon’s Ann.P.C., which had been adopted in 1917. Upon the passage of Article 6701d, V.A.C.S., Sections 39 and 40, the failure of the driver of any vehicle to stop and remain at the scene until he fulfilled the requirements, of Section 40, in all cases of collision with another vehicle occupied by a person where only property damage resulted from such accident, was made a misdemeanor.
Section 40 requires that in all cases covered by Section 39, supra, the driver of a vehicle involved in an accident should give to the occupants of the other vehicle certain specified aid and information.
The Legislature having created the misdemeanor offense of failure to stop and render aid after a collision resulting only in damage to another vehicle, Article 1150, V.A.P.C., insofar as it is in conflict with the misdemeanor statute, was superseded and repealed.
We need not here consider the effect of Article 6701d, Sections 38 and 40, which define a felony offense and provide the same punishment provided for the violation of Article 1150, V.A.P.C. That question is not before us.
We have re-examined count two of the information before us and have concluded that it charges the misdemeanor offense defined in Sections 39 and 40 of Article 6701d, punishment for which is found in Section 143 of said Article 6701 d, V.A.C.S., and that we were in error in reversing the conviction under such count.
We have examined appellant’s second motion for rehearing and find nothing therein which requires further discussion, and same is overruled.
The State’s motion for rehearing is granted, the judgment reversing the conviction under count two of the information is withdrawn, and the judgment as to both counts is now affirmed.