Mixon v. State

“Our prior opinions [under former penal codes] on the meaning of ‘deadly weapon’ do and should have instructional significance under the new Penal Code.” Mosley v. State, 545 S.W.2d 144, 145-146 (Tex.Cr.App.1976); Turner v. State, 664 S.W.2d 86, at 89-90 (Tex.Cr.App.1983).

Under former penal codes an accepted definition of “deadly weapon” was “one which, from the manner of its use, is calculated or likely to produce death or serious bodily injury.” Miller v. State, 140 Tex.Cr.R. 182, 143 S.W.2d 778, 779 (1940); Harris v. State, 72 Tex.Cr.R. 491, 162 S.W. 1150 (1914); Hardy v. State, 36…