Keith v. State

Indictment in district court alleged an offense thusly:

“The defendant on or about April 16, 1982, did then and there unlawfully recklessly cause the death of Kenneth A. Ott ... by shooting a gun in the direction of and into an adjacent apartment building with windows directly facing the defendant.]”

Pre-trial Petition for Writ of Habeas Corpus, at 2, para. V.*

One must read Keith v. State, 692 S.W.2d 921 (Tex.App.—Houston [14th] 1985), to gain an understanding of facts and circumstances surrounding the “act” of appellant. Essentially they are that during early morning hours Ott was asleep in…