McAllister v. State

GRAVES, Presiding Judge.

It is alleged that the appellant, while driving a motor vehicle upon a public highway and while under the influence of intoxicating liquor, through mistake and by accident, killed Caleb Starr. On the trial therefor he was found guilty and sentenced to a term of four years in the state penitentiary for the offense of murder without malice.

The facts show that on June 13, 1952, the appellant was traveling on a public highway in East Houston, and was observed by Mr. Jaenicke, who was chief of the East Houston Voluntary Fire Department. Mr. Jaenicke’s attention was called…