Massey v. State

MORRISON, Presiding Judge.

The offense is murder without malice under Article 802c, V. A.P.C.; the punishment, two years.

The father of the deceased 10-year old boy was an employee of a filling station in Houston and after hours had gone to the aid of a stranded motorist, with deceased asleep in the back seat of his automobile. While he was preparing to push the stalled automobile, an automobile driven by appellant struck his automobile, moving it 49 feet; deceased was thrown from the automobile and, as a result of the collision, met his death.

Appellant did not testify or offer any evidence in…