THOMASON v. STATE

No. 37078.

388 S.W.2d 700 (1964)

Emma May THOMASON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 21, 1965.


Attorney(s) appearing for the Case

Percy Foreman, Houston, King C. Haynie, Houston (On Appeal Only), for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Carol S. Vance, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

Appellant was convicted under Art. 802c, Vernon's Ann.P.C., of murder without malice and her punishment assessed at confinement in the penitentiary for two years.

The indictment in two separate counts charged appellant with the offense of murder without malice. Only the first count, which charged murder without malice under the provisions of Art. 802c, supra, was submitted to the jury.

The evidence was undisputed that, on the date...

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