Blain v. State

OPINION

CLINTON, Judge.

Appellant was indicted for “using and exhibiting a deadly weapon, to wit: a knife” in committing aggravated robbery. He was found guilty by a jury which also found true the allegations of prior convictions and assessed punishment at confinement for 35 years. In the eleventh ground of error appellant challenges sufficiency of the evidence adduced at trial to prove that the knife was a deadly weapon. 1 The knife was not introduced at trial.

The victim, a clerk in a convenience store, testified that appellant attempted to purchase items but found himself seventy five cents…