Apodaca v. State

CHRISTIAN, Judge.

The offense is murder without malice; the punishment, confinement in the penitentiary for three years.

It was charged in the indictment, in substance, that appellant, while intoxicated, and while operating hisi automobile on a public highway, through accident and mistake, killed Hector Sandoval, by driving his said automobile against the body of the said Hector Sandoval, etc.

The testimony of the State was to die effect that appellant was intoxicated when he struck deceased with his automobile. The accident occurred late in the evening. Appellant testified that he had not been…