Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-09-04

Va = 1N
ness and negligence II a man does
a careless act in such a way, wheth-
er it is a violation Of any law or
not. that some person might be kill
ed thereby. and some person is
thereby killed. he is guilty Of negli-
gent homicide.
"Let me illustrates: Automobiles
are parked against the sidewalk. A
traffic lane is opened. going up and
down the street. A man walks out
and gets in his car and starts It,
throws in his clutch and backs out
without looking to see il there is
anything in that traffic lane. That
is an act Of carelessness and negli-
gence that might cause the death Of
some Dcrscn il he did that thing
in that way. If he did back into
some person and cause the death Of
some person that is negligent homi-
eide. Now. that act Of negligence
applies to any act Of negligence
that might cause the death Of some
person. II a man in the commission
cf a misdemeanor. any misdemeanor
like violating the speed law. for in
stance. should Y. use the death or
some person through carelessness
and negligence. he Is also guilty Of
negligent homicide of the highest
degree.
Flags Drunken Drivers
"In that connection we have a
law that makes II a felony to oper-
ate an automobile on any public
street Of any town or city or upon
any public highway or public road
while under the influence to any
degree Of intoxicating liquor. Now,
10 being a felony to operate an
automobile on the roads and streets
while under the influence OF intoxi-
eating liquor. If in doing that the
driver causes the death Of some per-
SON. that offense Is murder. because
il the person in the commission of
a felony commits some other act he
is to be tried for the act he actually
committed.
you probably may find in your
investigations that loss Of life has
occurred in this county recently;
that is. since the last grand jury.
on our public highways by men
operating automobiles while under
the influence Of Intoxicating liquor.
IL they have and the evidence Is
satisfactory to the grand jury il Is
the duty Of the grand jury TO return
bills 81 indictment for murder. III
IN the trial Of the case finally it
should not be made plain beyond
Q reasonable doubt that il was muir
Ger. but Is made plain beyond a rea-
sonable doubt that IL was a neeli-
gent act the party on trial would
be convicted Of negligent homicide.
I'VE have spent a world of money
in this county for highways. We
are still spending money. I was
surprised the other day in figuring
ID: this county and the two adjoin-
ing counties. the three counties
combined. are now engaged in
spending nearly $50. 0O0. 900 on pub
lie highways. a world of money. The
peonle who pay the money 10 those
highways are entitled to enjoy the
use Of those highways with every
safety that the law throws around
the operation Of an automobile or
the traveller upon the public hi0h-
ways They are entitled 10 do that
in safety. and the only way that
we can compel some people TO be
careful upon our highways is TO
enforce the laws given to US with
reference 10 traffic and the law OF
negligent homicide while driving
when drunk n a part Of the traf-
fic laws for the protection Of peo-
pie generally on the highways.
The most dangerous man that
gets on the highways. the most dam
Terous man 70 the people moving
about generally. is the man who
operates an automobile when his
brain is ciogRed up with booze. He
cannot think straight: he cannot
see straight and his nerves don't
operate straight: and every man on
the highway. every maj and woman,
Is taking a chance against that fell
low and don't know that he is there.
II would be less dangerous for q
mar to stand and shoot n hirh-pow-
cred u across the h~eavily-traf-
licked highways Of Cameron county
than to Ret out with his brain fog
ged up with whiskey. Ia a high
powered al and wohhle ND and
down this highway. Grand juries
and courts should nave no mercy on
men who endanrer the lives of the
public by violating that law