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HUBBARD v. STATE

No. 30426.

320 S.W.2d 835 (1959)

William HUBBARD, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 11, 1959.

Attorney(s) appearing for the Case

Martin & Shown, by James J. Shown, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Monroe Northrop, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is negligent homicide of the second degree; the punishment, a fine of $500.

Count 2 of the information alleged that appellant was engaged in the unlawful act of driving a truck on Wayne Street in a residential district of Houston at a greater speed than thirty miles per hour, an unlawful, imprudent and unreasonable speed. The information in Count 2 further alleged that while "engaged in said unlawful rate of

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