DAVIDSON, Judge.
The original opinion in this case is withdrawn, and the following is substituted in lieu thereof:
This is a conviction under an indictment charging that appellant, in an intoxicated condition, killed deceased by accident and mistake while operating an automobile upon a public highway.
At the outset, we are confronted with a question which has not been heretofore before this court.
Mrs. John P. Young, the wife of the district...
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