Long v. State

BEAUCHAMP, Judge.

Appellant was given a sentence of five years in the penitentiary upon a conviction for murder without malice. The prosecution is under Article 802-c of the Penal Code.

It is charged, by Count Three of the Indictment, that appellant did, on or about the 18th day of January, 1947, while intoxicated and while under the influence of intoxicating liquor, drive and operate an automobile on a certain public highway in Swisher County, and that while doing so he did, through mistake and accident, kill Mrs. Mattie Rogers by driving said automobile into and causing it to collide with the…