737 S.W.2d 805
Court of Criminal Appeals of Texas,
VAUGHAN AND SONS, INC., Appellant,
The STATE of Texas, Appellee.
Sept. 16, 1987.
Corporate defendant was convicted in the Criminal Court,
Harris County, Neel Richardson, J., of criminally negligent
homicide, and it appealed.
The Court of Appeals, 649 S.W.2d
677, reversed, and State petitioned for discretionary review.
The Court of Criminal Appeals, Onion, P.J., held that crime of
criminally negligent homicide can be committed by a corporation.
Reversed and remanded.
Clinton, J., filed concurring opinion.
Teague, J., filed dissenting opinion.
Robert C. Bennett, Houston, for appellant.
John B. Holmes, Jr., Dist. Atty., Ray Elvin Speece, Asst. Dist.
Atty., Houston, Robert Huttash, State's Atty., Austin, for the
Before the court en banc.
OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
ONION, Presiding Judge.
Appellant, Vaughan and Sons, Inc., a Texas corporation, was
convicted by a jury of criminally negligent homicide.
Penal Code, s 19.07.
The information alleged that appellant,
acting through two of its agents, caused the death of two
individuals in a motor vehicle collision.
See V.T.C.A., Penal
Code, s 7.22(a)(1).
Punishment was assessed by the trial court
at a fine of $5,000.00.
See V.T.C.A., Penal Code, s 12.51.
On appeal the appellant contended, inter alia, that the
"penal code provisions for prosecution of corporations and other
artificial legal entities do not extend to any type of criminal