MAXEY v. STATE

No. 25783.

249 S.W.2d 66 (1952)

MAXEY v. STATE

Court of Criminal Appeals of Texas.

Rehearing Denied June 11, 1952.


Attorney(s) appearing for the Case

Croslin & Pharr, Lloyd Croslin, Lubbock, for appellant.

George P. Blackburn, State's Atty., Austin, for the State.


GRAVES, Presiding Judge.

Negligent homicide of the second degree is the offense; the punishment, two years in jail.

The unlawful acts relied upon as constituting negligence are (a) the failure to yield the right-of-way to an automobile in which deceased was riding and which was proceeding along and upon a through public highway and which automobile was approaching so closely on said through highway as to constitute an immediate hazard, art. 6701d, Sec. 73...

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