BOENING v. STATE

No. 40769.

422 S.W.2d 469 (1967)

Adolph O. BOENING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 24, 1968.


Attorney(s) appearing for the Case

Lee P. Ward, Jr., Carl E. F. Dally, Houston (on appeal only), for appellant.

Raymond L. Kneese, Dist. Atty., Richard Hoester, County Atty., Fredericksburg, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is Murder without Malice under the provisions of Article 802c, Vernon's Ann.P.C., the punishment assessed by the jury, two (2) years confinement in the Texas Department of Corrections.

In his first ground of error appellant contends the evidence is insufficient to sustain the conviction because it does not show that Irma Chapa (the alleged decedent) was, in fact, one of the girls struck by appellant's automobile...

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