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HOLDING v. STATE

No. 43260.

460 S.W.2d 133 (1970)

Richard Lee HOLDING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 2, 1970.

Attorney(s) appearing for the Case

John L. Sieren, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., James Henley Morgan, Truman Power, Jack Q. Neal and John Garrett Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The appeal is from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, as denounced by Article 802c, Vernon's Ann.P.C. The punishment was assessed by the jury at five years.

The record reflects that appellant drove his automobile across the median of the Dallas-Fort Worth Turnpike and killed James Northcutt, the deceased, as alleged in the indictment, and two others.

In the...

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