McKINNEY v. STATE

No. 37919.

391 S.W.2d 435 (1965)

Howard Harry McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 5, 1965.

Second Motion for Rehearing Denied June 9, 1965.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Frank Briscoe, Dist. Attys., 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.


WOODLEY, Judge.

The offense is murder without malice (Art. 802c Vernon's Ann.P.C.); the punishment, 2 years.

The undisputed evidence, including the testimony of the appellant and his confession, shows that on December 16, 1961, appellant, while driving his automobile on a public highway, collided with and inflicted injuries upon Charles Johnson, a pedestrian, from which he died.

Appellant, a 53 year old man who held a responsible position with a leading...

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