¶1(dissenting).
¶2We are once again met with the problem which confronted us in Hill v. State, 158 Tex.Cr.R. 313, 256 S.W.2d 93, regarding scientific tests. In the case at bar, the accuracy of the radar unit depended upon the accuracy of a tuning fork or the speedometer of the patrol car. Neither was shown to have been checked by anyone.
¶3In Holley v. State, Tex.Cr.App., 366 S.W.2d 570, which reached this Court last year, there was proof that the speedometer had been calibrated for accuracy either at Austin, Corpus Christi or San Antonio at least every three months, plus the fact that the tuning fork had been brought to Austin and checked for accuracy by technicians.
¶4No such proof as to either the speedometer or the tuning fork appears in the the case at bar. Attention is called to a portion of our opinion in Wilson v. State, 168 Tex.Cr.R. 439, 328 S.W.2d 311, where*888in we said, “Patrolman Spellman testified that he oversaw the calibration of the speedometer of the patrol car in March, that it was calibrated in June and no correction was needed …
¶5I would reverse this conviction because of the insufficiency of the evidence to show that the scientific device, which furnished the only proof upon which this conviction may be sustained, was accurate.