Untitled Texas Attorney General Opinion

Grover Sellers Hon. L. D. Eakman Opinion No. O-7044 County Attorney Re: Construction of Art. 802c, Penal Montague County Code, as affected by holding in case Montague, Texas of Smith vs. State, 179 S.W.(2) 965. Dear Sir: We have received your recent request for an opinion on the following matter:., "Under Art. 802c.any person while driving or operating an automobile or ,other vehicle while int ;oxicate,d shall through accident or misteke do another act which if voluntarily done would be a felony shall receive the punishment affixed to the felony actually ,committed. "Under the present law…