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GONZALES v. STATE

No. 31836.

335 S.W.2d 385 (1960)

Guadalupe GONZALES, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 18, 1960.

Attorney(s) appearing for the Case

Frederic Johnson, A. J. Ellisor, Sinton (Frederic Johnson, Sinton, of counsel), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder without malice of Santiago Orozco under 802c, Vernon's Ann.P.C.; the punishment, two years.

The evidence of the state shows that about 10:30 p. m., the appellant while intoxicated and driving an automobile on a public highway at an excessive rate of speed drove it into the rear of an automobile driven by Porifio Orozco which was travelling in the same direction at 25 or 30 miles per hour and occupied also...

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