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KEITH v. STATE

No. 1361-88.

782 S.W.2d 861 (1989)

Ex parte Kenneth Arthur KEITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 17, 1990.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr. and Joe Magliolo, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was originally convicted of involuntary manslaughter in a trial before the court, and sentenced to ten years confinement. V.T.C.A., Penal Code Sec. 19.05. On direct appeal the Court of Appeals held the evidence was insufficient to establish that appellant was aware of, but consciously disregarded the substantial and unjustifiable risk of his actions. Keith v. State, ...

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