Flowers v. State

BEAUCHAMP, Judge.

Appellant has filed a motion praying that the judgment and sentence in this cause be reformed and corrected. He has pointed out that the judgment and sentence do not follow the verdict of the jury, which found him guilty as charged in the second count of the indictment and assessed his punishment at five years in the penitentiary; whereas, the judgment of the court and the sentence declare him to be guilty of driving an automobile upon a public highway in McLennan County while intoxicated. The judgment should have found him guilty of killing Elizabeth Phillips while driving…