Smith v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

On original submission to the Dallas Court of Appeals the appellant raised two grounds of error. In his first ground of error, appellant argued that the trial court erred in failing to submit a jury instruction on the law of self-defense. In his second ground of error, he argued that the evidence was insufficient to show that the knife was used as a “deadly weapon”. The Court of Appeals in an unpublished opinion affirmed appellant’s conviction finding that the evidence as to a “deadly weapon” was sufficient and also…