McMILLON v. STATE

No. 35652.

367 S.W.2d 676 (1963)

Jack Doyle McMILLON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 8, 1963.


Attorney(s) appearing for the Case

Percy Foreman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Houston, Gus J. Zgourides and Daniel P. Ryan, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for murder without malice under Art. 802c, V.A.P.C.; the punishment, four years.

The evidence of the state reveals that about 9:30 P.M., the appellant while intoxicated drove his automobile upon a two-lane highway and while so driving turned his Cadillac to the left across the center stripe to pass an automobile which was immediately in front of him and traveling in the same direction; that in proceeding to pass the...

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