McKINNON v. STATE

No. 26397.

261 S.W.2d 335 (1953)

McKINNON v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied October 14, 1953.


Attorney(s) appearing for the Case

C. S. Farmer, Waco, John Cutler, Houston, for appellant.

William H. Scott, Crim. Dist. Atty., Robert Gooding, Asst. Crim. Dist. Atty., and King C. Haynie, Asst. Crim. Dist. Atty., Houston, Wesley Dice, State's Atty., of Austin, for the State.


BELCHER, Commissioner.

Appellant was convicted for murder without malice under Art. 802c, V.A.P.C.; and his punishment was assessed at five years in the penitentiary.

John Wood testified that on October 8, 1952, Charles Atkinson was about five feet from the pavement of the street when he was struck by an automobile driven by appellant and was knocked about 50 feet; that appellant's car was going 70 miles per hour after striking Atkinson, and travelled 163...

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