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SPRAGLIN v. STATE

No. 31181.

334 S.W.2d 798 (1960)

Charles SPRAGLIN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1960.

Attorney(s) appearing for the Case

Florence, Garrison & Holt, by F. L. Harrison, Gilmer, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

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

Four boys were playing soft ball in the front yard of the home of one of the boys. The boy with the bat hit the ball too hard, and it went out in the road. One boy followed the ball and was hit by an automobile driven by the appellant, who was intoxicated. Though not within the city limits, the...

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