WOODLEY, Judge.
Appellant was charged in the count of the indictment upon which the case was submitted to the jury with the offense of murder without malice, such charge growing out of a collision between the Cadillac car driven by appellant, and a car driven by one Rogers in which his wife, the deceased Mrs. Mattie Rogers, was riding.
Such count of the indictment reads in part as follows: "Harold Long * * * did then and there unlawfully, while intoxicated...
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