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McALLISTER v. STATE

No. 26480.

261 S.W.2d 332 (1953)

McALLISTER v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied October 14, 1953.

Attorney(s) appearing for the Case

M. Gabriel Nahas, Jr., and James Royall, Houston, for appellant.

William H. Scott, Crim. Dist. Atty., and King C. Haynie, Asst. Crim. Dist. Atty., Houston, Wesley Dice, State's Atty., of Austin, for the State.

GRAVES, Presiding Judge.

It is alleged that the appellant, while driving a motor vehicle upon a public highway and while under the influence of intoxicating liquor, through mistake and by accident, killed Caleb Starr. On the trial therefor he was found guilty and sentenced to a term of four years in the state penitentiary for the offense of murder without malice.

The facts show that on June 13, 1952, the appellant was traveling on a public highway in East...

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