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STOUT v. STATE

No. 43279.

460 S.W.2d 911 (1970)

James Dennis STOUT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 16, 1970.

Attorney(s) appearing for the Case

Jouette M. Bonner, Jacksboro, for appellant.

Patrick A. Myers, County Atty., Jacksboro, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is negligent homicide in the second degree; the punishment, three years in the county jail.

In grounds of error #4, 5, 7 and 11 the appellant complains that neither the complaint nor the information contains the phrases "homicide" or "homicide of the first degree" or "homicide of the second degree." These contentions were raised for the first time on the motion for new trial. It appears to be appellant's position...

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