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CASTLEMAN v. STATE

No. 36558.

378 S.W.2d 315 (1964)

Jackie Dan CASTLEMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 29, 1964.

Attorney(s) appearing for the Case

Harris E. Lofthus, Amarillo, for appellant.

Dee D. Miller, Dist. Atty., Patrick H. Mulloy, Jr., Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is murder without malice. The indictment was drawn under Article 802c, Vernon's Ann.P.C., charging appellant with drunken driving and through accident and mistake killing Tredwell Oyama Jonas by driving his automobile into him. The punishment is five years confinement in the state penitentiary.

The State's evidence reflects that on the evening of December 31, 1962, shortly before midnight, Airman Tredwell Oyama Jonas and Airman...

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