Long v. State

WOODLEY, Judge.

*589Appellant was charged in the count of the indictment upon which the case was submitted to the jury with the offense of murder without malice, such charge growing out of a collision between the Cadillac car driven by appellant, and a car driven by one Rogers in which his wife, the deceased Mrs. Mattie Rogers, was riding.

Such count of the indictment reads in part as follows:

“Harold Long * * * did then and there unlawfully, while intoxicated and under the influence of intoxicating liquor, drive and operate a motor vehicle, an automobile, upon a public highway of this State * * *,…