Pope v. State

DAVIDSON, Judge.

The indictment charged (a) the murder of Mrs. F. G. Harris, with malice aforethought, (b) the killing of Mrs. Harris in the operation of an automobile while intoxicated, by accident and mistake, and (c) negligent homicide.

The conviction is under the second count, which charged a violation of Art. 802c, Vernon’s P. C. The punishment is assessed at two years in the penitentiary.

U. S. Highway No. 180 between Breckenridge and Albany is paved. F. G. Harris, sixty-seven years of age, lived with his family four or five miles from the highway. On the morning of July 22, 1950, Harris,…