Guerrero v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for involuntary manslaughter. Punishment is imprisonment for four years.

Appellant contends that the indictment is defective because it fails to allege a culpable mental state. Appellant also urges that the evidence is insufficient to show that he caused the victim’s death, and an oral statement of his was admitted in evidence in violation of Art. 38.22, V.A.C.C.P.

V.T.C.A. Penal Code, § 19.05 provides in pertinent part:(a) A person commits an offense if he:(2) by accident or mistake when operating a motor vehicle while intoxicated and,…