Smith v. State

DICE, Judge.

Appellant was convicted under Art. 802c, V.A.P.C., of. the offense of murder without malice and assessed punishment of confinement in the penitentiary for two years.

The facts are undisputed that on the night of December 8, 1954, the appellant, while driving his Cadillac automobile, was involved in a collision with a Nash Rambler automobile driven by the deceased, Miss Betty Jean Hancock, at the intersection of 32nd Street and Avenue V in the city of Lubbock, Texas; that Miss Hancock was killed in the collision.

It is shown that 32nd Street runs east and west and was a through…