Dorsche v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, as denounced by Art. 802c, Vernon’s Ann. P.C. After the jury returned a verdict of guilty, punishment was assessed by the court at two (2) years.

The record reflects that appellant attempted to pass a vehicle driven by Amelie Leyendecker on Texas Highway 95 on March 4, 1973. Appellant’s car struck the Leyendecker vehicle before completing the passing maneuver. Appellant’s car and the Leyendecker vehicle were proceeding south, and after colliding with…