MASSEY v. STATE

No. 32341.

340 S.W.2d 291 (1960)

Eugene Clyde MASSEY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 2, 1960.


Attorney(s) appearing for the Case

Allan J. Showers, E. T. Burton, Houston for appellant.

Dan Walton, Dist. Atty., Carl E. F. Dally, Charles C. Castles, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

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

The father of the deceased 10-year-old boy was an employee of a filling station in Houston and after hours had gone to the aid of a stranded motorist, with deceased asleep in the back seat of his automobile. While he was preparing to push the stalled automobile, an automobile driven by appellant struck his automobile, moving it...

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