Ormsby v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction of involuntary manslaughter. The jury assessed punishment at two (2) years, probated, and a $2,500 fine.

Although the sufficiency of the evidence is not challenged, a brief recital of the facts will put our disposition of the case in better perspective. The record reflects that the appellant was indicted and tried pursuant to V.T.C.A., Penal Code, § 19.05, for an accident which occurred when he fell asleep while at the wheel of a motor vehicle during the late evening hours of November 24, 1976. According to the testimony of the…