Legal Opinion

Tucker v. State

Court of Criminal Appeals of Texas

Decided November 26, 2008No. PD-0742-07PublishedCited by 188 opinions

1Opinion of the Court

KELLER, P.J.,

delivered the unanimous opinion of the Court.

Appellant used a knife or some other sharp object to stab and cut the victim numerous times. The question here is whether the evidence was legally sufficient to show that the object that caused the wounds was a deadly weapon in the manner of its use or intended use. Answering that question “yes,” we reverse the judgment of the court of appeals.

I. BACKGROUND

Appellant was charged with aggravated assault by using a deadly weapon. The court of appeals recited the following evidence as pertinent to the deadly weapon issue:

The State offered…

2Cases cited5 opinions

  1. McCain v. StateCourt of Criminal Appeals of Texas · 2000
  2. English v. StateCourt of Criminal Appeals of Texas · 1983
  3. Morales v. StateCourt of Criminal Appeals of Texas · 1982
  4. Hawkins v. StateCourt of Criminal Appeals of Texas · 1980
  5. Tucker v. State, Texas Court of Appeals, 13th District2007

3Cited by188 opinions

  1. Davis v. StateCourt of Criminal Appeals of Texas · 2010
  2. Hernandez v. StateCourt of Criminal Appeals of Texas · 2017
  3. Moore v. StateCourt of Criminal Appeals of Texas · 2017
  4. Hopper v. StateCourt of Appeals of Texas · 2016
  5. William Alan Kennedy v. State, Texas Court of Appeals, 2nd District (Fort Worth)2013

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