Welborn v. State

Court of Criminal Appeals of Texas

Decided June 28, 1958

Court of Criminal Appeals of Texas · decided 1958-06-28

Cited by 1 later decisions — most recently May 1979

1 state decisions

Key passage — most relied on by later courts

““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.” (Emphasis supplied).”

quoted by 1 later decision, including Ormsby v. State

Relies on Barfield v. State · Munoz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1958-06-28

View the full empirical analysis of this case →

WOODLEY, Judge.

¶1The 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.

¶2Both counts were submitted to the jury, and appellant was found “guilty as charged” and assessed a fine of $500.

¶3It 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 Vernon’s Ann.P.C.; Jones v. State, 160 Tex.Cr.R. 640, 274 S.W.2d 400; Munoz v. State, 162 Tex.Cr.R. 331, 285 S.W.2d 729, and cases cited.

¶4The authorities cited require that the conviction be set aside.

¶5The judgment is reversed and the cause remanded.