Burton v. State

CALHOUN, Judge.

Conviction is for murder; punishment assessed at two years in the penitentiary.

There is only one count in the indictment, which, omitting the formal parts, charged the appellant as follows: “That he did then and there unlawfully and voluntarily and with malice aforethought kill Jerry Allen with an automobile, said murder being so committed by the said Langston Burton while he, the said Langston Burton, was then and there engaged in the perpetration of the crime of driving and operating a motor vehicle, to-wit, an automobile, while under the influence of intoxicating liquors,…