Ormsby v. State

STATE’S MOTION FOR REHEARING

The majority overrules the State’s motion for rehearing without written opinion.

False premises lead inexorably to false conclusions.

The panel opinion adopted part of the Practice Commentary to V.T.C.A., Penal Code, Section 19.05: “Section 19.05 defines involuntary manslaughter as a reckless killing, with Subsection (a)(2) defining driving while intoxicated as recklessness per se.”

Practice commentaries, like obiter dicta, may prove persuasive, but are not binding authority. Faced with a choice between the Practice Commentary to Section 19.05 and dictum from his own…