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DUFF v. STATE

No. 47016.

503 S.W.2d 785 (1974)

Joseph Winston DUFF, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 6, 1974.

Attorney(s) appearing for the Case

John S. Beeson and Buddie J. Hahn, Vidor, for appellant.

Tom Hanna, Dist. Atty., and Stephen M. Rienstra, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The conviction is for murder without malice under Art. 802c of the Vernon's Ann. 1925 Revised Penal Code; the punishment, two (2) years.

Proof was offered by the State which showed that on the day in question a collision occurred between a pick-up truck driven by appellant and another pick-up truck owned by the deceased and in which he was riding. The collision occurred as the two vehicles were travelling in the same direction...

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