Thomason v. State

McDonald, judge.

Appellant was convicted under Art. 802c, Vernon’s Ann.P.C., of murder without malice and her punishment assessed at confinement in the penitentiary for two years.

The indictment in two separate counts charged appellant with the offense of murder without malice. Only the first count, which charged murder without malice under the provisions of Art. 802c, supra, was submitted to the jury.

The evidence was undisputed that, on the date alleged, the appellant, while driving her Pontiac automobile west on Sunnyside Street in the city of Houston, was involved in a collision around S p.…