Abrego v. State

WOODLEY, Judge.

The conviction is for murder under Art. 802(c) of the Penal Code; the punishment, 5 years in the penitentiary.

The state’s evidence shows that appellant was intoxicated and drove his Nash automobile on a public highway in Lubbock County; that while so doing he side-swiped a car driven by Mr. Robertson, then while still on his wrong side, crashed head-on into an automobile referred to in the testimony as “the Sheriff’s car” thereby causing the death of one of its occupants, B. F. Forrester, a deputy sheriff.

Appellant testified to having consumed only two small drinks of whiskey…