Herbert v. State

OPINION

WARD, Justice.

This is an appeal from a conviction for aggravated assault. The jury assessed punishment at four years confinement in the Texas Department of Corrections. We affirm the conviction.

Appellant’s sole ground of error challenges the sufficiency of the evidence that the instrument used in the assault was a deadly weapon.

Viewed in a light most favorable to the verdict, the evidence reflects that, during a domestic disturbance, the Appellant held a knife to the throat of his common-law wife and expressly threatened to kill her. The knife did not actually cut the complainant or…