context: The Act revamped existing proscriptions on "drunken drivers" by reducing the maximum punishment from incarceration in the penitentiary to a fine and confinement in jail, making a felony offense for a second DWI, and creating the offense prescribed by article 802c, ante. Regarding the latter, as the Court has often explained, the legislative purpose was to make elements in former article 42, P.C.1925 (act done by "mistake or accident") applicable to the offense of drunken driving, so that an accused may be charged with certain consequential felony offenses as circumstances demonstrate.
citation_a.signal: see also
citation_a.parenthetical: article 42 was general statute prescribing particular state of facts applicable to certain offenses actually committed, including certain lesser degrees of homicide
citation_a.sentence: App.1964); Johnson v. State, 153 Tex.Cr.R. 59, 216 S.W.2d 573, at 577 (1948) (Act made specific application to offense of drunk driving the constituent elements of article 42; State may elect to prosecute under such theory rather than for mur der); McCarthy v. State, 153 Tex.Cr.R. 149, 218 S.W.2d 190, at 192 (1949) (negligent homicide statute inadequate to meet changing times and new conditions arising from highway traffic; showing accused engaged in drunken driving is necessary preliminary to, though part of, felony offense actually committed through accident or mistake, including unlawful taking of life); Simmons v. State, 145 Tex.Cr.R. 448, 169 S.W.2d 171 (1943) (one prosecuted under article 802c just as guilty of murder as if one had voluntarily killed victim); see Greiner v. State, 157 Tex.Cr.R. 479, 249 S.W.2d 601 (1952); see also cases decided under Article 42 prior to enactment of article 802c, e.g., Totten v. State, 134 Tex.Cr.R. 62, 113 S.W.2d 194, at 195-196 (1937) (article 42 authorized conviction for homicide committed by accident and mistake while driving intoxicated); Jones v. State, 127 Tex.Cr.R. 227, 75 S.W.2d 683, at 684, 686-688 (1934) (article 42 was general statute prescribing particular state of facts applicable to certain offenses actually committed, including certain lesser degrees of homicide).
citation_b.signal: no signal
citation_b.parenthetical: one prosecuted under article 802c just as guilty of murder as if one had voluntarily killed victim
citation_b.sentence: App.1964); Johnson v. State, 153 Tex.Cr.R. 59, 216 S.W.2d 573, at 577 (1948) (Act made specific application to offense of drunk driving the constituent elements of article 42; State may elect to prosecute under such theory rather than for mur der); McCarthy v. State, 153 Tex.Cr.R. 149, 218 S.W.2d 190, at 192 (1949) (negligent homicide statute inadequate to meet changing times and new conditions arising from highway traffic; showing accused engaged in drunken driving is necessary preliminary to, though part of, felony offense actually committed through accident or mistake, including unlawful taking of life); Simmons v. State, 145 Tex.Cr.R. 448, 169 S.W.2d 171 (1943) (one prosecuted under article 802c just as guilty of murder as if one had voluntarily killed victim); see Greiner v. State, 157 Tex.Cr.R. 479, 249 S.W.2d 601 (1952); see also cases decided under Article 42 prior to enactment of article 802c, e.g., Totten v. State, 134 Tex.Cr.R. 62, 113 S.W.2d 194, at 195-196 (1937) (article 42 authorized conviction for homicide committed by accident and mistake while driving intoxicated); Jones v. State, 127 Tex.Cr.R. 227, 75 S.W.2d 683, at 684, 686-688 (1934) (article 42 was general statute prescribing particular state of facts applicable to certain offenses actually committed, including certain lesser degrees of homicide).