dissenting.
The offense is involuntary manslaughter by accident or mistake when operating a motor vehicle while intoxicated. V.T.C.A. Penal Code, § 19.05(a)(2). The core question of law is whether an affirmative finding that the motor vehicle was used as a deadly weapon is appropriate in such an involuntary manslaughter setting.
I
A
The essential facts of the offense determined by the court of appeals are that around midnight January 24, 1992, appellant drove his motor vehicle (a pickup truck) at a high rate of speed, estimated at eighty miles per hour, toward a signal-controlled intersection, “jumping” a median and nearly colliding with another vehicle; closing on the intersection where other vehicles were honoring a red light, he drove his pickup against the rear or middle left side of a motorcycle operated by one William Durbin, with such force that the motorcycle was propelled forward into the rear of another standing vehicle, fatally injuring Durbin. At trial the court submitted a “deadly weapon” issue, and the jury made an affirmative finding that the motor vehicle driven by appellant was a “deadly weapon.” Tyra v. State, 868 S.W.2d 857, at 859, 860 (Tex.App. — Fort Worth 1993).
B
From V.T.C.A. Penal Code, § 1.07(a)(ll)(B), and decisions by sister appellate courts, the court of appeals opined generally:
“... There is no requirement that the defendant intend to cause serious bodily injury with the deadly weapon. It is sufficient that the instrument, as used by the defendant or as he intended to use it, was capable of causing death or serious bodily injury.”
Tyra v. State, supra, at 859-860. Accordingly, the court concluded:
“... We hold the intentional, reckless, or negligent operation of a motor vehicle, while intoxicated, resulting in death or serious bodily injury, will support a finding that the vehicle is a deadly weapon.”
Id., at 860.1 It also held there was sufficient evidence for a rational jury to find that “in the manner of its use” the motor vehicle operated by appellant was “capable of causing death or serious bodily injury.” Ibid.
We granted review to examine those determinations and to undertake to settle the important questions of state law thus presented. Tex.R.App.Pro., Rule 200(c)(2).
II
A
Section 19.05(a), supra, provides that a person commits an offense if he:
*806(1) recklessly causes the death of an individual; or
(2) by accident or mistake when operating a motor vehicle while intoxicated and, by reason of such intoxication, causes the death of an individual.2
Article 42.12, § 3g(a)(2), V.A.C.C.P., mandates an affirmative finding when a deadly weapon as defined in V.T.C.A. Penal Code, § 1.07, is “used ... during the commission of a felony[;]” as germane here, “deadly weapon” means “anything that in the manner of its use ... is capable of causing death[.]” Id., 1.07(a)(ll)(B).3 A deadly weapon finding entered in the judgment generates adverse collateral consequences for the convicted defendant.4
In related grounds for review appellant questions whether a deadly weapon finding is permissible for a conviction under § 19.05(a)(2) “when a person by accident or mistake when operating a motor vehicle while intoxicated causes the death of an individual,” and contends the court of appeals misconstrued V.T.C.A. Penal Code, §§ 1.07(a)(ll)(B) and 19.05(a)(2) in upholding the instant deadly weapon finding. Amicus Curiae claims it is error for the judgment to include such an affirmative finding because “the definition of ‘deadly weapon’ applicable in this case was already an essential element of the offense.”
B
We were informed by practice commentators that while § 19.05 preserves the analogue to common law involuntary manslaughter, its immediate ancestor is the Model Penal Code; that § 19.05(a)(2) came both from the common law and “the modern legislative judgment that driving while intoxicated is recklessness per se.” See Practice Commentary, 2 V.T.C.A. Penal Code 108 (1989).5 “Section 19.05 defines involuntary man*807slaughter as a reckless tólling, with Subsection (a)(2) defining driving while intoxicated as recklessness per se.” Id., at 110. Thus an accused must “cause death recklessly ” within the meaning of § 6.03 [conscious risk creation] or § 19.06(a)(2) [accident or mistake] to constitute involuntary manslaughter. The Legislature rejected a strained concept of constructive mens rea, i.e., “as though intentionally done,” see Greiner v. State, 157 Tex. Cr.R. 479, 249 S.W.2d 601, at 605 (1952); favoring instead a legislative definition of “recklessness per se.” Practice Commentary, supra, at 110.
The Court accepted that explanation of legislative intent, purpose and effect, understanding that § 19.05(a)(2) connotes recklessness per se. Guerrero v. State, 605 S.W.2d 262, at 264 (Tex.Cr.App.1980) (legislature determined conduct proscribed by § 19.05(a)(2) is “equivalent of ‘recklessly1 causing death of another” under § 19.05(a)(1)); Ex parte Ross, 522 S.W.2d 214, at 218 (Tex.Cr.App. 1975) (involuntary manslaughter committed in either of two ways: recklessly causing death of another or by accident or mistake causing death by reason of intoxication while operating a motor vehicle); see Lewis v. State, 529 S.W.2d 550, at 552 (Tex.Cr.App.1975) (specific intent to kill not element of § 19.05 offense); Hardie v. State, 588 S.W.2d 936, at 938 (Tex.Cr.App.1979) (unnecessary allegation of “knowingly and intentionally5’ is surplusage properly excluded from jury charge); Daniel v. State, 577 S.W.2d 231, at 233 (Tex.Cr.App.1979) (“mistake” and “accident” mean “unintentional”); Thomason v. State, 388 S.W.2d 700, at 702 (Tex.Cr.App.1964) (as used in statute “mistake” and “accident” mean “unintentional”); Johnson v. State, 153 Tex.Cr.R. 59, 216 S.W.2d 573, at 578 (1948) (terms used in sense ordinarily understood and mean “unintentional”).
The ultimate formulation is articulated in Harper v. State, 686 S.W.2d 738 (Tex.App.—Austin 1985), viz:
“A finding that the statutory elements of § 19.05(a)(2) have been fulfilled constitutes, as a matter of law, a finding of reckless conduct; that is, a finding that the defendant was aware of but consciously disregarded a substantial and unjustifiable risk that by reason of his operation of a motor vehicle while intoxicated he would cause the death of an individual by accident or mistake, [citing Guerrero v. State, and Ormsby v. State, 600 S.W.2d 782 (Tex.Cr.App.1979), both supra].”
Id., at 741 (emphasis in original). Accord: Stark v. State, 643 S.W.2d 187, at 189 (Tex.*808App.— Austin 1982) (to drive while intoxicated is to drive recklessly as a matter of law; therefore, recklessness need not be alleged), reversed on other grounds 657 S.W.2d 115 (Tex.Cr.App.1983).6
Ill
A
In the instant cause, then, the jury found appellant acted with recklessness per se in response to instructions in the charge.7 At the punishment phase pursuant to Article 42.12, § 3g(a)(2), V.A.C.C.P., the court charged the jury to consider whether appellant “used a deadly weapon during the commission of the offense.”8 A motor vehicle is not a deadly weapon per se, yet in a particular manner of its use is capable of causing death or serious bodily injury, and thus becomes a “deadly weapon.” See Ex parte McKithan, supra, at 561.9 Here the jury found beyond a reasonable doubt that appellant “used a deadly weapon, to-wit: a 1988 Chevrolet pickup truck, that in the manner of its use was capable of causing and did cause serious bodily injury or death to William Durbin, during the commission of the offense.”
In other contexts this Court has indicated as a general proposition that a culpable mental state is not implicated in a deadly weapon inquiry. Ex parte Franklin, 757 S.W.2d 778, at 783 (Tex.Cr.App.1988) (factfinder not concerned with actor’s intent is using deadly weapon). Accord: Lozano v. State, 860 S.W.2d 152, at 156 (Tex.App.—Austin 1993, PDR refused) (finding of specific intent not required); Roberts v. State, 766 S.W.2d 578, at 579 (Tex.App.—Austin 1989), no PDR, (intent to cause death not required); see also Chandler v. State, 689 S.W.2d 332, at 335 (Tex.App.—Fort Worth 1985, PDR refused) (deadly weapon finding permissible in involuntary manslaughter case under 19.05(a)(1)). Since intent to cause death is not an essential element of involuntary manslaughter prescribed in § 19.05(a)(2), recklessness per se sufficing, we see no reason to couple any higher culpable mental state with the “man*809ner of using” an alleged deadly weapon. The court of appeals correctly concluded that the jury as factfinder need not determine whether appellant intended to cause serious bodily injury in the manner of using his pickup, and thus his contrary contention is without merit.10 In so far as they present this issue, Grounds 2 and 3 are without merit.
B
Appellant bases his principal legal contention on firmer ground. He has asserted throughout this litigation that his conduct does not constitute use of a deadly weapon within contemplation of germane defining statutes reproduced at 806-806, ante. Appellant’s Brief (court of appeals), at 5, relying on Patterson v. State, 723 S.W.2d 308 (Tex.App.—Austin 1987), affirmed 769 S.W.2d 938 (Tex.Cr.App.1987). Still relying primarily on Patterson v. State, supra, appellant is supported by an Amicus Curiae, who contends that entering an affirmative finding of a deadly weapon in this cause thereby enhancing the punishment for this kind of involuntary manslaughter is “an impermissible ‘double dipping,’ as there is no ‘associated felony.’ ” He cites with “see” Narron v. State, 835 S.W.2d 642 (Tex.Cr.App.1992), and Ex parte Petty, 833 S.W.2d 145 (Tex.Cr.App.1992).
The premise basing appellant’s position is that 19.05(a)(2), unlike most other offenses susceptible to a deadly weapon finding, uniquely prescribes elements that are at once “result specific and cause specific — the exact manner and means of committing the offense is set out in the statute[;]” the offense, unlike other homicide offenses, does not just provide for a prohibited result, i.e., act causing death of an individual with an accompanying mental state, but rather says “this offense is committed by causing the death of someone by accident while operating a motor vehicle while intoxicated.” He reasons as follows, viz:
“The rationale behind making an affirmative finding of a deadly weapon is that the use of such deadly weapon is a factor which aggravates the primary offense. In this instance, however, the use of a motor vehicle to cause death and/or serious bodily injury is not an aggravating factor to the primary offense, but an exact factor of the offense itself.”
Brief, at 5-6. The result is “impermissible ‘double dipping.’ ”
The State responds that Amicus Curiae is “mistaken.” Enumerating all essential elements of the offense determined in Daniel v. State, 577 S.W.2d 231, at 233 (Tex.Cr.App.1979), the State insists that the statute does not require or identify an element that “the motor vehicle be classified as a deadly weapon;” “[t]hus the actions that constitute the use of a deadly weapon are not an essential element of involuntary manslaughter under 19.05(a)(2).” We are asked to “see” English v. State, 828 S.W.2d 33 (Tex.App.—Tyler 1991), no PDR, and to compare McKithan v. State, 838 S.W.2d 560 (Tex.Cr.App.1992). State’s Brief, at 12-13.
1
It is of little moment that the statute fails to “classify” a motor vehicle as a “deadly weapon” — neither does the definition in *810§ 1.07(a)(ll)(B), and that a motor vehicle is not a “deadly weapon” per se is well established. The real question is whether the Legislature actually intended that the statutory definition be applicable at all to involuntary manslaughter under § 19.05(a)(2), and to answer that I now turn.
2
The current offense of involuntary manslaughter through recklessness per se is, as was each of its antecedents in their day, sui generis.11 This kind of involuntary manslaughter is a completely integrated offense; the statute stands on its own terms, without resort to another statute for foundation and elements. Because another offense is not implicated, there is no “associated felony” within contemplation of recent germane decisions of this Court developing that concept. See, e.g., Patterson v. State, 769 S.W.2d 938, at 941 (Tex.Cr.App.1989); Ex parte Petty, 833 S.W.2d 145 (Tex.Cr.App.1992); Narron v. State, 835 S.W.2d 642, at 644 (Tex.Cr.App.1992).
In Patterson v. State, supra, the Court was undertaking to differentiate the terms “use” and “exhibit” in Article 42.12, § 3g(a)(2); it enunciated the proposition that to “use” a deadly weapon during the commission of an offense means that it “was employed or utilized in order to achieve its purpose.” Id., at 941. The offense was possession of a controlled substance; the weapon was a loaded .45 caliber revolver located between his leg and the leg of a sofa on which defendant was seated when officers raided the place. The Court approved the rationale of the court of appeals, viz: “ ‘used ... during the commission of a felony offense’ refers certainly to the wielding of a firearm with effect, but it extends as well to any employment of a deadly weapon, even its simple possession, if such possession facilitates the associated felony.” Id., at 941.
Narron v. State and Ex parte Petty, both supra, likewise involve offenses of possession of a prohibited weapon (sawed off shotgun) and possession of a firearm (handgun) by a felon, respectively. The State engaged in what Amicus Curiae dubs here “double dipping,” in that the prosecutor sought and obtained a deadly weapon finding. In each case the Court deleted the judgment entry because there was no “associated felony” facilitated by the possession of the deadly weapon. Narron, at 644; Petty, at 145-146.12
Application of that theory is even more compelling here. Just as unlawfully possessing a firearm is not to use it “in furtherance of any collateral felony,” so operating a mo*811tor vehicle while intoxicated thereby causing death by accident or mistake is a complete offense. Thus using the motor vehicle is an essential element, the sine qua non of involuntary manslaughter; it is not being “used” in furtherance of any other felony.
The court’s charges to the jury at once sustain this rationale and demonstrate the fallacy of the State’s position as well as the flawed conclusion of the court of appeals. Manifestly, the application paragraph in both the main charge and the deadly weapon charge address interrelated ingredients of the same criminal conduct, the latter inevitably dictated by the former. That is, in the manner of operating his pickup while intoxicated and by reason of such intoxication causing the death of William Durbin though accident or mistake by driving into the person of the victim, appellant committed involuntary manslaughter; only the unfortunate consequence of his recklessness per se made the pickup a “deadly weapon.”
3
Though a motor vehicle may be a “deadly weapon” in the manner of its use, it is reasonable to conclude that appellant did not “use” his pickup “to achieve its purpose” (or any purpose) “during the commission of [the] felony offense” of involuntary manslaughter. Patterson v. State, supra, at 941.
Indeed, usage of the term with Patterson ⅛ gloss is most awkward in this context.13 The common “purpose” of a motor vehicle is to transport person or property upon a highway. Article 6701d, § 2(a) and (b). To drive a motor vehicle in a proper manner along a public way is to “achieve its purpose.” To drive in a manner of recklessness per se may create a “substantial and unjustifiable risk,” but it cannot fairly be said that in consciously disregarding that risk the driver is still attempting to “achieve” the “purpose” of the motor vehicle (or the “purpose” of “anything”), at least not under the facts here.
Furthermore, for appellant to drive his pickup with recklessness per se is to engage in essential conduct elements of the involuntary manslaughter offense itself, not purposely to “use” it concomitantly “during” commission of the offense.
IV
With its long experience in confronting recurrent heightened incidence of “drunken driving” by 1973, we may attribute to the Legislature considerable knowledge of the problem it sought to resolve and, with full understanding of purpose and objective, taking great care in selecting operative terms (as explained by the commentary, ante, at 806-807) to create the unique offense proscribed by § 19.05(a)(2), while contemporaneously modifying the definition of “deadly weapon” then extant. Given those considerations I am satisfied that reasonable construction of relevant statutes today reflects discernable legislative intent, consistent with teachings in Narron and Petty. Therefore, I would hold that Article 42.12, § 3g(a)(2), V.A. C.C.P., does not contemplate an affirmative finding that a motor vehicle can be “used” as a “deadly weapon” in a prosecution for involuntary manslaughter under § 19.05(a)(2), and to enter such finding in the judgment of conviction is not only inappropriate but also erroneous.
Accordingly, the judgment of the court of appeals should be reversed and the cause remanded to that court for further proceedings, including directions to the trial court to delete from its judgment the “affirmative” finding to the effect that appellant did use a deadly weapon. Because the Court does not, I respectfully dissent.
. Along the way the court of appeals excerpted a passage from our opinion in Ex parte McKithan, 838 S.W.2d 560, at 561 (Tex.Cr.App.1992). See Tyra v. State, supra, at 859-860: "(stating that a ‘motor vehicle, in the manner of its use or intended use, is clearly capable of causing death or serious bodily injury and therefore can be a deadly weapon,' but declining to comment on the sufficiency of the evidence to support the deadly weapon finding in that particular case).” We would simply observe the question in McKithan is one of sufficient notice that the State would seek to prove the motor vehicle involved was a deadly weapon; sufficiency of evidence was not an issue in that habeas proceeding.
All emphasis above and throughout is supplied by the writer of this opinion unless otherwise indicated.
. The indictment in this cause alleged an offense conformably with § 19.05(a)(2). It also contained a special allegation that "during the commission of the offense [appellant] used a deadly weapon, to-wit: a 1988 Chevrolet pickup truck, that in the manner of its use was capable of causing and did cause serious body injury and the death of William Durbin.” The trial court fully instructed the jury substantially in terms of the indictment, and on criminally negligent homicide as well. The jury convicted appellant of involuntary manslaughter under § 19.05(a)(2), and while assessing punishment made its affirmative finding in like terms.
. Exclude the phrases "or exhibited” and “or intended use” by ellipsis since both are omitted in the indictment, charges and affirmative finding. See note 2, ante.
The current definition is similar to that applied under former article 1147(7) P.C.1925 (aggravated assaults, including with motor vehicle) viz: “one which, from the manner used, is calculated or likely to produce death or serious bodily injury.” See Practice Commentary to § 1.07, 1 V.T.C.A. Penal Code 40 (1989).
. Among others, the judgment entry serves to prevent the trial court from exercising its power under Article 42.12, § 3, to suspend imposition of sentence and place defendant on probation, and also to preclude the Board of Pardons and Paroles from considering good conduct time in determining eligibility for release on parole and from releasing to mandatory supervision under Article 42.18, § 8(b)(2) and (c), V.A.C.C.P., respectively.
.Former article 802c from which Article 19.05(a)(2) derives provided in pertinent part:
"Any person who drives or operates an automobile or any other motor vehicle ... while such person is intoxicated ... and while so driving and operating [the same] shall through accident or mistake do another act which if voluntarily done would be a felony, shall receive the punishment affixed to the felony actually committed."
Acts 1941, 47th Leg., Ch. 507, p. 819, H.B. 73), § 3, at 820; Vernon’s Texas Penal Code Annotated 361 (1961).
The Act revamped existing proscriptions on "drunken drivers” by reducing the maximum punishment from incarceration in the penitentiary to a fine and confinement in jail, making a felony offense for a second DWI, and creating the offense prescribed by article 802c, ante. Regarding the latter, as the Court has often explained, the legislative purpose was to make elements in former article 42, P.C.1925 (act done by "mistake or accident") applicable to the offense of drunken driving, so that an accused may be charged with certain consequential felony offenses as circumstances demonstrate. Thomason v. State, 388 S.W.2d 700, at 701-702 (Tex.Cr. App.1964); Johnson v. State, 153 Tex.Cr.R. 59, 216 S.W.2d 573, at 577 (1948) (Act made specific application to offense of drunk driving the constituent elements of article 42; State may elect to prosecute under such theory rather than for mur*807der); McCarthy v. State, 153 Tex.Cr.R. 149, 218 S.W.2d 190, at 192 (1949) (negligent homicide statute inadequate to meet changing times and new conditions arising from highway traffic; showing accused engaged in drunken driving is necessary preliminary to, though part of, felony offense actually committed through accident or mistake, including unlawful taking of life); Simmons v. State, 145 Tex.Cr.R. 448, 169 S.W.2d 171 (1943) (one prosecuted under article 802c just as guilty of murder as if one had voluntarily killed victim); see Greiner v. State, 157 Tex.Cr.R. 479, 249 S.W.2d 601 (1952); see also cases decided under Article 42 prior to enactment of article 802c, e.g., Totten v. State, 134 Tex.Cr.R. 62, 113 S.W.2d 194, at 195-196 (1937) (article 42 authorized conviction for homicide committed by accident and mistake while driving intoxicated); Jones v. State, 127 Tex.Cr.R. 227, 75 S.W.2d 683, at 684, 686-688 (1934) (article 42 was general statute prescribing particular state of facts applicable to certain offenses actually committed, including certain lesser degrees of homicide).
In Houston v. State, 143 Tex.Cr.R. 460, 158 S.W.2d 1004 (1941), the Court compared a prosecution under former article 802c with one pursuant to former article 42, viz:
"... If appellant had committed the same act before the effective date of House Bill No. 73, he would be guilty of murder without malice and subjected to a penally of five years in the penitentiaiy. Had he committed it after the effective date of House Bill No. 73, he would be guilty of murder without malice and subjected to the same penalty. The theory of his guilt has been changed but the same penalty and the same offense is defined and applies to the same act for which he is being tried. Under the former circumstances, he would be guilty of murder without malice because he committed the homicide while committing a felony [DWI], Presently, he would be guilty of murder without malice under House Bill No. 73, not because the homicide took place while committing a felony but because it took place while he was driving an automobile upon a public highway while intoxicated. Article 802c, [supra].”
Id., 158 S.W.2d at 1008.
. In Ex parte Ross, supra, at 218, and again in Hardie v. State, supra, at 938, the Court said that under 19.05(a)(2) ‘‘involuntary manslaughter can be established without proof of a culpable mental state,” thus "a culpable mental state is not an essential element of involuntary manslaughter.” Those categorical statements are acceptable as rule of thumb only because 19.05(a)(2) prescribes the essential elements necessary to prove recklessness per se, viz: operating a motor vehicle while intoxicated and by reason of such intoxication causes the death of an individual through accident or mistake. The definition of “recklessness” in § 6.03(c) is redundant.
. Specifically, the trial court authorized the jury to find appellant guilty of involuntary manslaughter pursuant to the following instruction:
"Now if you believe from the evidence beyond a reasonable doubt that the defendant ... did then and there operate a motor vehicle while intoxicated, and did by reason of such intoxication cause the death of an individual, namely, William Durbin, through accident or mistake, namely, driving said motor vehicle into the person of the said injured party ... or into a motorcycle driven or operated by the said injured party ... then you will find the defendant guilty of Involuntary Manslaughter, and so say by your verdict.”
The jury so found. Compare Thomason v. State, supra, at 702 (similar charge substantially tracking former article 802c adequately presented issues).
. After defining "deadly weapon” as alleged, see notes 2 and 3, ante, and giving other definitions, the court instructed the jury as follows:
“Now bearing in mind the foregoing instructions, if you believe beyond a reasonable doubt that the defendant ... used a deadly weapon, to-wit: a 1988 Chevrolet pickup truck, that in the manner of its use was capable of causing and did cause serious bodily injury or death to William Durbin, during the commission of the offense you will say so by your verdict[.]"
The jury so said in practically the same terms.
. For example, one who drives a motor vehicle against the person of another may be found to have used the vehicle as a "deadly weapon," thereby permitting the factfinder to infer an element of the offense, intent to kill. See Palafox v. State, 484 S.W.2d 739, at 743 (Tex.Cr.App.1972); Duhon v. State, 136 Tex.Cr.R. 404, 125 S.W.2d 550, at 552 (1939) (assault with intent to murder by running automobile upon and over victim); see also Parrish v. State, 647 S.W.2d 8, at 11 (Tex.App. — Houston [14th] 1982), no PDR (aggravated assault with deadly weapon in manner *809of using automobile to inflict serious bodily injuries).
. It does seem reasonable though, that where the manner of using a motor vehicle while intoxicated et cetera is recklessness per se, the same mens rea may also serve to sustain a finding that the vehicle is perforce a deadly weapon. Compare English v. State, 828 S.W.2d 33 (Tex.App.— Tyler 1991), PDR refused (finding truck was deadly weapon in commission of offense of driving while intoxicated not rational where no direct evidence defendant operated his vehicle in reckless manner).
In that connection, the more expansive holding by the court of appeals that "intentional" or "negligent” operation of a motor vehicle while intoxicated, resulting in death or serious bodily injury, will support a finding that the vehicle is a "deadly weapon,” Tyra, supra, at 860, must be taken with some caution. Such "intentional” operation may become applicable to involuntary manslaughter under § 19.05(a)(2), by the statutory dictate that proof of higher culpability than that charged constitutes proof of the lesser. § 6.02(e). "Negligent” operation, however, is a lesser culpability than "recklessness,” and thus is not applicable to involuntary manslaughter.
. Once "drunken driving” became a societal concern the Legislature prohibited it; as society discerned that motor vehicles thus driven were causing inordinate numbers of serious bodily injuries and deaths beyond toleration, measures were taken to address the problem. First, there was devised from existing statutes a workable formula to prosecute the perpetrators; second, later when escalating conditions demanded improving the law then extant (essentially because it appeared that many juries were refusing to brand drunken drivers as felons), the Legislature reexamined the initial formulation, amended it and enacted, inter alia, former article 802c. See discussion in note 5, ante, particularly Jones v. State and Houston v. State.
Accordingly, prosecutions commonly pursued the offense as a homicide, "murder without malice” or simply "murder.” See, e.g., McCarthy v. State, 153 Tex.Cr.R. 149, 218 S.W.2d 190, at 193 (1949); Simmons v. State, 145 Tex.Cr.R. 448, 169 S.W.2d 171 (1943). Now, of course, the offense is involuntary manslaughter with recklessness per se.
. To be noted is that in Patterson, Narron and Petty the Court was not concerned with determining whether the respective weapons were deadly in the "manner of use;” a .45 caliber revolver, a sawed off shotgun and a firearm is each a deadly weapon per se. The Court was deciding only whether the deadly weapon had been "used” in connection with “an associated felony.”
The Court recognized in McKithan, supra, a motor vehicle, though not a deadly weapon per se, may become one in the manner of its use. It has been so ever since the Legislature denounced, and. the Court upheld convictions for, "drunken driving" resulting in death or serious bodily injury. Whereas in past incarnations the resultant death constituted a homicide or other felony proscribed by some other statute, thus implicitly "an associated felony,” the Court usually wrote in terms in the applicable statute.
. "Puipose” is “[tjhat which one sets before him to accomplish; an end, intention, or aim, object, plan, project." Black's Law Dictionary (Rev. Fourth Ed. 1968) 1400. More simply stated, it is “something set up as an object or end to be attained.” Webster’s New Collegiate Dictionary (1979) 930.