Flowers v. State

DAVIDSON, Judge.

The indictment contained two counts. The first charged appellant with the killing of Elizabeth Phillips with malice, by running into her with an automobile; the second charged a violation of Art. 802c, Vernon’s Penal Code, in that appellant, by accident and mistake, killed Elizabeth Phil ips by running into her with an automobile which he was operating while under the influence of intoxicating liquor. Conviction was under the second count, with punishment fixed at five years’ confinement in the penitentiary.

It would serve no useful purpose to detail the facts of this tragic…