Court of Criminal Appeals of Texas

Jeffery Dillon, Appellant v. the State of Texas, Appellee; Cindy Dillon, Appellant, v. the State of Texas, Appellee

November 22, 19781978 Tex. Crim. App. LEXIS 1440

Summary

The Court affirmed the convictions for involuntary manslaughter, holding that the evidence was sufficient to infer the defendants acted recklessly in causing their infant's death. The Court explained that recklessness requires actual awareness of a substantial risk, which can be inferred from the totality of the circumstances. Justice Roberts, dissenting, argued the State failed to prove recklessness and would have reversed the convictions.