OPINION
BELCHER, Judge.
The offense is murder without malice, under Art. 802c Vernon's Ann.P.C.; the punishment, three years and six months.
Ground of error No. 1 is "The court erred in refusing to instruct the jury that `If you believe from the evidence in this case that the intoxication of the defendant was not the cause of death, then you will acquit defendant of murder without malice.', or to give an instruction to the jury of similar import...
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