Penry v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder under Article 802c, Vernon’s Ann. *627P.C. The punishment was assessed by the jury at five years.

The indictment, returned June 8, 1967, alleged that on or about the 9th day of April, 1967, appellant did unlawfully, while intoxicated and under the influence of intoxicating liquor, drive and operate an automobile upon a public highway and did, in the execution of said unlawful act, through accident and mistake, kill Essie Lowe Berry by driving said automobile into and causing it to collide with the automobile occupied by the said…