Brewer v. State

BEAUCHAMP, Judge.

The appellant was convicted of murder in the District Court of DeWitt County and his punishment assessed at five years in the penitentiary. The victim was a five months’ old baby.

The indictment contains two counts, the first being a charge of murder with malice by causing an automobile to collide with another car on the public highway, resulting in the death of the baby. The second count alleges murder by operating an automobile upon the public highway while intoxicated and through accident and mistake, while so driving the car, killing a child. The charge of the court…