KRUEGER, Judge.
The offense is murder without malice. The punishment assessed is confinement in the state penitentiary for a term of four years.
Appellant was indicted by the grand jury of Hunt County under Art. 802c, Vernon's Ann.P.C., with the offense of operating a motor vehicle upon a public highway while intoxicated and while under the influence of intoxicating liquor; that while so driving and operating such motor vehicle he did through mistake and accident...
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