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CARPENTER v. STATE

No. 31338.

333 S.W.2d 391 (1960)

Thomas Vernon CARPENTER, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 24, 1960.

Attorney(s) appearing for the Case

Rix Rutland, Joe Burkett, San Antonio, for appellant.

Charles J. Lieck, Jr., Criminal Dist. Atty., James E. Barlow, Crawford B. Reeder, Asst. Criminal Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is murder; the punishment, 3½ years.

The indictment was drawn under Art. 802c, Vernon's Ann.P.C. and alleged that appellant, while intoxicated, drove and operated a motor vehicle upon Rigsby Avenue in the corporate limits of the City of San Antonio, Bexar County, Texas, and while in the execution of said unlawful act, through accident and mistake, killed James W. Collins.

The deceased, a 74 year old man, was struck...

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