Carpenter v. State

WOODLEY, Judge.

The offense is murder; the punishment, 3½ years.

The indictment was drawn under Art. 802c V.A.P.C. and alleged that appellant, while intoxicated, drove and operated a motor vehicle upon Rigsby Avenue in the corporate limits of the city of San Antonio, Bexar County, Texas, and while in the execution of said unlawful act, through accident and mistake, killed James W. Collins.

The deceased, a 74 year-old man, was struck by an automobile in the 800 block of Rigsby Avenue in San Antonio and instantly killed. The windshield of the Buick automobile which struck him had a large hole on…