Thomas v. State

GRANT, Justice.

Joseph Roger Thomas appeals his conviction of the offense of involuntary manslaughter. The jury assessed his punishment at two years confinement in the Texas Department of Corrections.

Tex.Penal Code Ann. § 19.05 (Vernon Supp.1988) states that a person commits the crime of involuntary manslaughter if he “by accident or mistake when operating a motor vehicle ... while intoxicated and, by reason of such intoxication, causes the death of an individual.” The indictment of Thomas charges that he operated his motor vehicle while intoxicated, and by reason of such intoxication caused…