Mosley v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

On rehearing the State urges that the court was erroneous in its conclusion that the evidence is insufficient to show that the assault was aggravated by the use of a deadly weapon.

The State notes that V.T.C.A., Penal Code, § 22.02(a)(3), makes an assault an aggravated assault if a “deadly weapon” is used. A deadly weapon is defined in V.T. C.A., Penal Code, § 1.07(a)(ll), as “(A) a firearm . . . .” The State argues that the only place in the Penal Code a firearm is defined is in V.T.C.A., Penal Code, § 46.-01(3), which provides…