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STATE v. McCOY

No. 03-00-00623-CR.

64 S.W.3d 90 (2001)

The STATE of Texas, Appellant, v. Kathleen McCOY, Appellee.

Court of Appeals of Texas, Austin.

July 26, 2001.

Attorney(s) appearing for the Case

Charles R. Kimbrough, Crim. Dist. Atty., Lockhart, for Appellant.

Leslie J. Halasz, Austin, for Appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

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 cause[d] the death of an individual, namely...

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