Herring v. State

OPINION

in which KELLER, PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

While committing theft, Herring told Michael Jones that he had a knife and was going to take his money or kill him. Jones never saw the knife but “was pretty sure he had one.” The Court of Appeals, with Chief Justice Gray dissenting, held that Herring’s admission that he had a knife and his threat to kill the victim were legally insufficient to prove that he used or exhibited a deadly weapon.1 We disagree and reverse the Court’s judgment.

FACTS

After work on a Saturday in December, 2002, Michael Jones cashed his…