Cooper v. State

BELCHER, Judge.

The single count indictment upon which appellant was convicted for murder with malice charged that, while driving an automobile, he voluntarily and with malice killed the deceased *413by colliding with and striking him with an automobile. The punishment was assessed at 25 years.

The evidence shows that the appellant, the deceased, and several other persons had spent the evening visiting, and some of them, including the appellant and the deceased, were drinking beer and whisky. About 1 A.M., the appellant, his sister, Arnell (also referred to herein as Nell), and the deceased left a…