Marx v. State

WOODLEY, Judge.

This is a conviction for negligent homicide of the second degree; the punishment, eighteen months in jail.

The prosecution is under Articles 1289 and 1240, V.A.P.C., which provide that negligent homicide of the second degree is committed when the person guilty thereof is in the act of committing or attempting the commission of an unlawful act which, under the penal law, is a misdemeanor.

Th evidence shows that around six o’clock on the evening of June 23, 1954, at the intersection of West 31st Street and West Avenue in the city of Austin, Travis County, Texas, an automobile…