Bennett v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, in violation of Article 802c, Vernon’s Ann. P.C. Because of deficiencies in the record this appeal was dismissed in a Per Curiam opinion and was abated in another Per Curiam opinion. The record is now properly before us for consideration.

The appellant waived a jury trial and entered a plea of not guilty before the court; after hearing the evidence and finding the appellant guilty, the court assessed punishment of imprisonment for five years. In his…