Greiner v. State

*480GRAVES, Presiding Judge.

The conviction is for murder without malice under the provisions of Article 802c, Vernon’s P. C., the jury having assessed the punishment at two years’ confinement in the state penitentiary.

Appellant admittedly drove his Buick automobile into a wrecker operated by the deceased while deceased was engaged in raising and tying onto a car which had struck a deer. Both the wrecker and the .damaged car were off the pavement on the appellant’s right and were facing toward appellant. The collision occurred after midnight, and the wrecker’s lights were on. The deceased was…