Legal Opinion · Dissent

Mayberry v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided August 10, 2011No. 04-10-00274-CRPublished

1DissentSteven C. Hilbig, Justice

The majority concludes the evidence is legally sufficient to support. Gail Mayber-ry’s six convictions for endangering a child. I disagree.

Background

Mayberry was charged with seven counts of endangering a child under section 22.041(c) of the Texas Penal Code.1 The charges arose from an automobile accident that caused the death of two children and harmed several other children. *512The indictment alleged Mayberry “intentionally, knowingly, recklessly, or with criminal negligence” engaged in conduct that placed a child younger than fifteen years of age in “imminent danger of death, bodily injury,…

2Cases cited10 opinions

  1. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  2. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
  3. Jefferson v. StateCourt of Criminal Appeals of Texas · 2006
  4. Smith v. StateCourt of Criminal Appeals of Texas · 2010
  5. Millslagle v. State, Texas Court of Appeals, 3rd District (Austin)2002

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