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MARTINEZ v. STATE

No. 27963.

288 S.W.2d 787 (1956)

Alex S. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 4, 1956.

Attorney(s) appearing for the Case

Allison, Steele & Allison, Levelland, for appellant.

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

DAVIDSON, Judge.

This is a conviction for negligent homicide of the second degree; the punishment, a fine of $2,000.

The unlawful act relied upon to constitute negligent homicide is set forth in the information in the following language:

"* * * the said Alex S. Martinez was then and there unlawfully driving a motor vehicle, to-wit, a truck, upon a public highway on the left-hand side of said public highway when not overtaking and passing another vehicle...

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