Clayton v. State

WOODLEY, Presiding Judge.

The offense is murder without malice (Art. 802c V.A.P.C.) ; the punishment, 3 years.

The indictment alleged that appellant was intoxicated and, while driving a motor vehicle on a public highway in such condition, through mistake and accident, killed D. W. Fletcher by then and there driving said automobile into and causing it to collide with a motor vehicle driven by said D. W. Fletcher thereby causing his death.

The evidence shows that D. W. Fletcher met his death as the result of a collision between the pickup truck he was driving on a gravel road and the automobile…