McCreary v. State

BELCHER, Judge.

Appellant was convicted of murder without malice under Art. 802c, Vernon’s Ann. P.C.; the punishment, five years in the penitentiary.

The evidence of the state shows that the appellant while intoxicated drove his automobile on a six-lane freeway, and while driving it south on the inside lane of the three lanes provided for traffic travelling north, suddenly turned his automobile from the inside lane into the middle lane and ran head-on into an automobile travelling north.

Appellant, while testifying, admitted that he was driving his automobile at the time and place in question…