Bailey v. State

OPINION

FARRIS, Justice.

Cary Lee Bailey appeals his conviction of aggravated assault with a deadly weapon complaining the evidence was insufficient to prove the instrument he used in the assault was a deadly weapon. We overrule his point of error because the evidence was sufficient to show the instrument he used was adapted for the purpose of inflicting serious bodily injury. See TEX.PENAL CODE ANN. § 1.07(a)(ll)(A) (Vernon 1974).1

*387We affirm.

Bailey adapted the instrument used in the assault by placing an iron collar in a sock. The collar was intended by its manufacturer to secure weights to a…