Hughes v. State

OPINION

BUTTS, Justice.

This is an appeal from a conviction for aggravated assault (deadly weapon). The trial court found appellant guilty and assessed punishment at five years imprisonment.

Appellant brings two points of error, the first that the evidence is insufficient to support the conviction because it fails to show a deadly weapon was used.

The indictment invoked the provisions of TEX.PENAL CODE ANN. § 22.02(a)(4) (Vernon Supp.1987):

A person commits an offense if the person commits assault as defined in Section 22.01 of this code and the person:(4) uses a deadly weapon.

The pertinent…