Court of Criminal Appeals of Texas March 4, 1964, No. 36558 (Castleman v. State)

lead-opinion

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.