Holding v. State

OPINION

DOUGLAS, Judge.

The appeal is from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, as denounced by Article 802c, Vernon’s Ann.P.C. The punishment was assessed by the jury at five years.

The record reflects that appellant drove his automobile across the median of the Dallas-Fort Worth Turnpike and killed James Northcutt, the deceased, as alleged in the indictment, and two others.

In the first ground of error, appellant contends that the State did not prove that the collision occurred on a public highway.

Eyewitnesses testified that the…