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, holding that the operation of an automobile can constitute the use of a deadly weapon in an involuntary manslaughter prosecution under Penal Code §19.05(a)(2) and that no specific intent to use the vehicle as a weapon is required. Justice Clinton, in a concurring opinion, emphasized that the sole mental state is recklessness, while Justice Maloney concurred and referenced his prior comments in Tyra.