McMillon v. State

BELCHER, Commissioner.

The conviction is for murder without malice under Art. 802c, V.A.P.C.; the punishment, four years.

The evidence of the state reveals that about 9:30 P.M., the appellant while intoxicated drove his automobile upon a two-lane highway and while so driving turned his Cadillac to the left across the center stripe to pass an automobile which was immediately in front of him and traveling in the same direction; that in proceeding to pass the automobile, the appellant was instantly confronted with a Volkswagen traveling in the opposite direction; that the Volkswagen swerved to its…