JOHNS v. STATE

No. 25625.

249 S.W.2d 61 (1952)

JOHNS v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied May 14, 1952.

Second Motion for Rehearing Denied June 11, 1952.


Attorney(s) appearing for the Case

Fulmer & Fairchild, Nacogdoches (Robert C. Barnett, Nacogdoches, of counsel), for appellant.

James F. DeLoney, County Atty., Nacogdoches, Tom Reavley, Special Prosecutor, Lufkin, George P. Blackburn, State's Atty., of Austin, for the State.


WOODLEY, Commissioner.

Appellant was assessed a fine of $100 for the offense of negligent homicide in the first degree. The indictment alleged in part that appellant was engaged in the lawful act of driving an automobile, and that while engaged in such lawful act that he failed to keep a proper lookout and by such negligence failed to see another automobile traveling in the same direction in time to avoid colliding with it. It was further alleged that appellant negligently...

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