Saathoff v. State

In Saathoff v. State, 891 S.W.2d 264 (Tex. Crim. App. 1994) the Court extended the concept beyond acts and omissions to conduct. TEX. PENAL CODE 1.07(a)(10). There, we held that the State must allege, in the face of a motion to quash, which type of intoxication it seeks to prove in a prosecution for involuntary manslaughter. 891 S.W.2d at 267. The State argued that intoxication was not an act or omission, but merely a condition. The Court held the State interpreted the concept of "act or omission" too narrowly. Id. at 266. The Court concluded that "if the prohibited conduct is statutorily defined to include more than one manner or means of commission," the State must allege, upon timely request, which manner or means it seeks to establish. Ibid.