McCREARY v. STATE

No. 29116.

307 S.W.2d 948 (1957)

Jimmie McCREARY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 9, 1957.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and C. C. Castles, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

Appellant was convicted of murder without malice under art. 802c, Vernon's Ann. P.C.; the punishment, five years in the penitentiary.

The evidence of the state shows that the appellant while intoxicated drove his automobile on a six-lane freeway, and while driving it south on the inside lane of the three lanes provided for traffic travelling north, suddenly turned his automobile from the inside lane into the middle lane and ran head...

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