MACKEY v. STATE

No. 38772.

400 S.W.2d 764 (1966)

Sidney David MACKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 9, 1966.

Second Motion for Rehearing Denied April 13, 1966.


Attorney(s) appearing for the Case

Charles W. Tessmer, Frank S. Wright, Emmett Colvin, Jr., Dallas, for appellant.

Doug Crouch, Dist. Atty., John H. Chambers, Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is negligent homicide in the second degree; the punishment, a fine of $750.

The count of the information under which the case was submitted to the jury alleged that the defendant did unlawfully "commit a negligent homicide upon the person of Kay Gordon, in that he, the said Sidney David Mackey, while engaged in the unlawful act of driving and operating a motor vehicle in a race and contest for speed with another motor vehicle upon...

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