Jackson v. State

OPINION

DRAUGHN, Justice.

This is an appeal from a conviction for aggravated robbery. Punishment was ten years imprisonment. Appellant urges the evidence was insufficient to show that the ax handle used in the robbery was a deadly weapon, that the court improperly instructed the jury in that regard, and that the state’s jury argument was improper. We affirm the judgment.

Complainant, Lee Rader, was accosted by two men as he returned home from work. Appellant hit him on the back and the head with an ax handle wrapped with masking tape at one end. Having thus gained complainant’s attention,…