Gaston v. State

SHUMPERT, Justice.

We grant the appellant’s motion for rehearing, withdraw our opinion of November 9, 1983, and the following is now our opinion.

This is an appeal from a conviction of aggravated assault. In his sole ground of error, appellant contends there is insufficient evidence to sustain his conviction because there is no evidence that he “used” a deadly weapon as alleged in the indictment. We disagree and affirm.

On April 14,1981, at approximately 10:00 p.m., complaining witness Angie Harris saw a man outside the drive-through window at the Dairy Queen at which she worked. Shortly…