Whitmire v. State

OPINION

DICKENSON, Justice.

The jury convicted Cletis Ray Whitmire of a third degree felony, “injury to a child,” 1 and assessed his punishment at two years confinement in the Texas Department of Criminal Justice. 2 We reverse and render.

Background, Facts

The evidence shows that appellant had been watching the Dallas Cowboys football game on the afternoon of January 23, 1994, with a group of people at the American Legion Building in the City of DeLeon. After the football game ended, they shot pool. Appellant testified in his own behalf, and he admitted to drinking as many as ten beers while he…