Marion Berry v. State

Berry v. State

IN THE

TENTH COURT OF APPEALS

No. 10-91-069-CR

MARION BERRY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 278th District Court

Madison County, Texas

Trial Court #8799

O P I N I O N

Marion Berry was convicted by a jury of possession of a deadly weapon in a penal institution, for which he was assessed 12½ years in prison. Tex. Penal Code Ann. § 1.07(a)(11)(A), (B) (Vernon 1974) & § 46.11(a)(2) (Vernon 1989). He appeals on a single point alleging that the evidence was insufficient to show that the instrument possessed was a deadly weapon. We will overrule the point and affirm the…