Drake v. State

OPINION

BELCHER, Judge.

The conviction is for murder without malice under Art. 802c, Vernon’s Ann.P.C.; the punishment, three years.

The appellant contends that the evidence is insufficient to show that he was the driver of the automobile which collided with the automobile the deceased was driving, and that the evidence also fails to show by competent witnesses that appellant was intoxicated at such time.

The testimony of Henry Stevenson (who lived alone) reveals that the appellant spent the night of November 9, with him at his house southwest of Santa Anna in Coleman County. They drank some beer…