Hernandez v. State

MORRISON, Judge.

The offense is murder without malice under Article 802c V.A.P.C. with two prior felony convictions alleged for enhancement; the punishment, life.

Three witnesses who were near the scene of the collision testified that an automobile driven by appellant veered from one traffic lane to another and hit a bicycle on which two boys were riding and that one of the boy’s body lay where it came to rest. They each expressed the opinion from appellant’s odor, appearance and demeanor that he was intoxicated. Three police officers who arrived upon the scene shortly after the collision…