Mosley v. State

OPINION

ODOM, Judge.

Appellant was convicted of aggravated assault. His punishment, enhanced, was assessed at twenty years.

Appellant asserts that the evidence is insufficient to prove that a pistol was used *145during the offense as alleged in the indictment. He argues that the State’s evidence was insufficient to prove that the weapon used during the commission of the offense was a deadly weapon. See, Y.T.C.A. Penal Code Sec. 22.02(a)(3).1 If the weapon used is not a deadly weapon, a conviction for aggravated assault obtained under V.T.C.A. Penal Code Sec. 22.02(a)(3), cannot be upheld.

The Penal…