Welborn v. State

Court of Criminal Appeals of Texas

Welborn v. State

314 S.W.2d 841, 166 Tex. Crim. 468, 1958 Tex. Crim. App. LEXIS 4658

CourtCourt of Criminal Appeals of Texas

DecidedJune 28, 1958

DocketNo. 29,978

StatusPublished

Cited by2 cases

This text of 314 S.W.2d 841 (Welborn v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Welborn v. State, 314 S.W.2d 841, 166 Tex. Crim. 468, 1958 Tex. Crim. App. LEXIS 4658 (Tex. 1958).

Pincite

Opinion

WOODLEY, Judge.

The information was in two counts, the second alleging the killing of Elvis Mason by appellant by negligence and carelessness while engaged in the unlawful act of operating a motor vehicle upon a public highway while intoxicated.

Both counts were submitted to the jury, and appellant was found “guilty as charged” and assessed a fine of $500.

It is well settled that it is a felony for an intoxicated driver of an automobile upon a public highway to kill another person by negligence, accident or mistake. Art. 802c V.A.P.C.; Jones v. State, 160 Texas Cr. Rep. 640, 274 S.W. 2d 400; Munoz v. State, 162 Texas Cr. Rep. 331, 285 S.W. 2d 729, and cases cited.

The authorities cited require that the conviction be set aside.

The judgment is reversed and the cause remanded.

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