Court of Criminal Appeals of Texas

Jimmy Franklin Tyra, Appellant v. the State of Texas, Appellee

April 26, 19951995 Tex. Crim. App. LEXIS 49

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for involuntary manslaughter and upheld the jury's affirmative finding that the defendant's intoxicated motor vehicle was a deadly weapon, reasoning that the statutory phrase "used or exhibited a deadly weapon" includes any object capable of causing death in its manner of use. Justice Clinton dissented, arguing the statute does not permit such a finding in this context, while Justices Maloney and Baird each wrote concurring opinions.