Heath v. State

MORRISON, Judge.

The offense is murder without malice under the terms of Article 802c, Penal Code; the punishment, four years.

An automobile in which deceased was riding was involved in a head-on collision with a pick-up truck driven by appellant on appellant’s left-hand side of the highway. The only issue was whether appellant was intoxicated. The state, by competent evidence, amply established the fact that appellant was intoxicated at the time of the collision. Appellant testified, repudiating a *564voluntary statement introduced in evidence and in which he recounted the intoxicants he had…