Danzig v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated assault by using a deadly weapon. After finding the appellant guilty, the jury assessed her punishment at five years.

Appellant’s only contention is that the evidence is insufficient to show that the weapon used was deadly. We agree and reverse.

Omitting the formal parts, the indictment alleges that on May 5, 1975, the appellant *300“did then and there use a knife, a deadly weapon, intentionally threaten imminent bodily injury to James A. Naraine.” This is sufficient to charge aggravated assault under Y.T.C.A., Penal Code,…