Smith v. State

BELCHER, Judge.

Appellant was convicted for the murder of Susana Martinez under Art. 802c, Vernon’s Ann. P.C.; the punishment, two years in the penitentiary.

The state’s testimony shows that appellant, while intoxicated and driving his automobile upon a public highway at a fast rate of speed, turned to his left-hand side of the highway and struck the Martinez automobile approaching from the opposite direction, the collision resulting in the death of Susana Martinez and four other Martinez children, who were passengers in said automobile. The driver of the Martinez automobile was unable to…