DAVIDSON, Commissioner.
The indictment alleged that appellant, while intoxicated and under the influence of intoxicating liquor, drove and operated his automobile over a public highway of this state and, while so operating the automobile, by accident and mistake killed B. C. McCaslin by driving the automobile into and causing it to strike the deceased. Such indictment charged an offense under Art. 802c, Vernon's P. C. The punishment was assessed at two years in the...
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