Moore v. State

MORROW, Presiding Judge.

The offense is murder; penalty assessed at confinement in the penitentiary for five years.

It is charged in the first count of the indictment in substance that the appellant, while intoxicated, drove an automobile upon a public street, naming it, in the city of Amarillo, an incorporated city.

The offense is defined in article 802, P. C., 1925. Under article 1149, P. C., a homicide committed in violation of article 802, supra, may be penalized under the law of murder. The matter is discussed in detail in the case of Jones v. State, 75 S. W. (2d) 683. (See motion for…