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DORSCHE v. STATE

No. 48888.

514 S.W.2d 755 (1974)

Darvin DORSCHE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 6, 1974.

Attorney(s) appearing for the Case

Bob Kuhn, Austin, for appellant.

Joe Carroll, Dist. Atty. and Troy C. Hurley, Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, as denounced by Art. 802c, Vernon's Ann. P.C. After the jury returned a verdict of guilty, punishment was assessed by the court at two (2) years.

The record reflects that appellant attempted to pass a vehicle driven by Amelie Leyendecker on Texas Highway 95 on March 4, 1973. Appellant's car struck the Leyendecker...

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