Ballard v. State

ON STATE’S MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Upon considering the state’s motion for rehearing we have discovered a paragraph in the original opinion reversing this case which does not relate to any issue raised, and which was *441copied into the opinion by oversight. Consequently we are withdrawing said opinion and substitute in lieu thereof the following.

The appeal is from a conviction for the offense of murder without malice, with a penalty of two years in the penitentiary.

The indictment charges the commission of the/offense while unlawfully driving on a public highway in an intoxicated…