Munoz v. State

BELCHER, Judge.

This is a conviction for negligent homicide of the second degree. The unlawful act relied upon as constituting that offense is *332the driving, while intoxicated, of a motor vehicle upon a public highway.

The information alleges also negligence and carelessness and the death of the deceased caused thereby.

The punishment was assessed at eighteen months in jail.

In Jones v. State, 160 Texas Cr. App. 640, 274 S.W. 2d 400, where the conviction was for negligent homicide of the second degree upon the same allegations in the information as in this case, we said:

“At the outset, we are…