Maedgen v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The charge against appellant was that he drove an automobile on a public highway while “under the influence of intoxicating liquor,” and by mistake and accident killed three named parties, etc.

The accident occurred on November 27th, 1985. At that time Art. 802, P. C., denounced “drunken driving” as a felony providing that one was guilty who drove an automobile on a public highway while the driver was “intoxicated or in any degree under the influence of intoxicating liquor.” The 44th Legislature, 1st C. S., Ch. 424, p. 1654, amended Art. 802, P. C.,…