WOODLEY, Judge.
The information was in two counts, the second alleging the killing of Elvis Mason by appellant by negligence and carelessness while engaged in the unlawful act of operating a motor vehicle upon a public highway while intoxicated.
Both counts were submitted to the jury, and appellant was found "guilty as charged" and assessed a fine of $500.
It is well settled that it is a felony for an intoxicated driver of an automobile upon a public...
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