Court of Criminal Appeals of Texas

Kenneth Linwood Walker, Appellant v. the State of Texas, Appellee

May 10, 19951995 Tex. Crim. App. LEXIS 51

Summary

The Court of Criminal Appeals affirmed the Court of Appeals judgment, holding that the operation of an automobile while intoxicated can constitute the use of a deadly weapon in a prosecution for involuntary manslaughter under Penal Code §19.05(a)(2) and that no specific intent to use the vehicle as a weapon is required. Concurring opinions noted that the sole mental state for the offense is reckless conduct and referenced additional commentary from prior concurrences.