State v. McCoy

PURYEAR, Justice.

A grand jury indicted appellee Kathleen McCoy for two counts of manslaughter. See Tex. Penal Code Ann. § 19.04 (West 1994). The district court dismissed the indictment on appellee’s motion and the State appeals. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(1) (West Supp.2001). We will affirm the district court’s order.

Each count of the indictment alleges that McCoy “recklessly causefd] the death of an individual, namely [named victim], to-wit: said Defendant did then and there drive a motor vehicle, in which the said [victim] was a passenger, into the waters of a flood,…