Legal Opinion

Michael Lee Smith v. State

Texas Court of Appeals, 10th District (Waco)

Decided February 27, 2008No. 10-07-00051-CRPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-07-00051-CR

Michael Lee Smith,

Appellant

v.

The State of Texas,

Appellee

From the 82nd District Court

Falls County, Texas

Trial Court No. 8325

MEMORANDUM Opinion

Smith appeals his conviction for manslaughter. See Tex. Penal Code Ann. § 19.04(a) (Vernon 2003). We affirm.

In two issues, Smith contends that the evidence of recklessness was insufficient. The Texas Penal Code creates the offense of manslaughter in the following terms: “A person commits an offense if he recklessly causes the death of an individual.” Tex. Penal Code Ann. § 19.04(a). “Because manslaughter is a…

2Cases cited33 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. City of Keller v. WilsonTexas Supreme Court · 2005
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 2000
  4. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  5. Hooper v. StateCourt of Criminal Appeals of Texas · 2007

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