Dominguez v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Judge.

The conviction is under Art. 802c, Vernon’s Ann.P.C., for the offense of murder without malice; the punishment, three years.

The prior opinion is withdrawn.

The appellant contends that the evidence is insufficient to support the conviction.

The testimony of the state reflects that while Diana Alexander and Elizabeth Ann Kelly, age ten at time of trial, were at a street intersection Elizabeth saw a car weaving back and forth and coming toward them, and the next thing she knew she had fallen.

Mary Nielsen, who was working in a building at a…