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McKEE v. STATE

No. 31045.

330 S.W.2d 434 (1959)

Billy Ray McKEE, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 18, 1959.

Attorney(s) appearing for the Case

Coleman & Whitten, by Earl L. Coleman, Denton, for appellant.

Robert H. Caldwell, County Atty., Denton and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder without malice under 802c, Vernon's Ann.P.C.; the punishment, five years.

The testimony of the state shows that the appellant while intoxicated and driving an automobile on a public highway at a high rate of speed drove it into the rear of an automobile driven by W. E. Malone and also occupied by Minnie Huey and travelling in the same direction, and that the impact caused the death of the said Minnie Huey...

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