Would leaving Cocaine and/or Marihuana in a place readily accessible to young children be an act or omission for purposes of 22.041?
Driver v. State, 358 S.W.3d 270 (Tex. App.--Houston [1st Dist.] 2011, pet. ref'd.) held that the act of possession of cocaine was an act clearly dangerous to human life because a child could get to it.
Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) talked about leaving kids under someone's supervision with a lit candle as an "act" though the Court decided the issue in that case based upon the culpable mental state.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.