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MARX v. STATE

No. 27525.

277 S.W.2d 914 (1955)

Alfred James MARX, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 20, 1955.

Attorney(s) appearing for the Case

Shelton & James, Thomas E. James, Austin, for appellant.

Leon Douglas, State's Atty., Austin, for the 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 1239 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.

The evidence shows that around 6 o'clock on the...

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