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CLAYTON v. STATE

No. 34748.

361 S.W.2d 385 (1962)

Charlie Lee CLAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 14, 1962.

Attorney(s) appearing for the Case

Miller & Miller, by Tom M. Miller, Graham, for appellant.

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

WOODLEY, Presiding Judge.

The offense is murder without malice (Art. 802c Vernon's Ann.P.C.); the punishment, 3 years.

The indictment alleged that appellant was intoxicated and, while driving a motor vehicle on a public highway in such condition, through mistake and accident, killed D. W. Fletcher by then and there driving said automobile into and causing it to colide with a motor vehicle driven by said D. W. Fletcher thereby causing his death.

The...

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