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TUCK v. STATE

No. 24628.

231 S.W.2d 436 (1950)

TUCK v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 23, 1950.

Attorney(s) appearing for the Case

J. E. Flowers, Baytown, Percy Foreman, Houston, for appellant.

A. C. Winborn, Crim. Dist. Atty., E. T. Branch, Asst. Crim. Dist. Atty., O'Brien Stevens, Asst. Crim. Dist. Atty., Spurgeon E. Bell, Special Prosecutor, all of Houston, George P. Blackburn, State's Atty., of Austin, for the State.

Commissioner's Decision.

DAVIDSON, Judge.

The allegation in the indictment upon which appellant was convicted was that appellant killed deceased by driving an automobile onto and across her body. The punishment assessed was twenty-five years in the penitentiary.

We are unable to perceive any material defect in the indictment, and appellant's motion to quash was properly overruled.

About 8:30 o'clock on the night of June 26, 1947, deceased ...

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