Hernandez v. State

COUNTISS, Justice.

A jury convicted appellant of aggravated assault with a deadly weapon, Tex.Penal Code Ann. § 22.02(a)(4) (Vernon Supp. 1982), and assessed his punishment at a $2,500 fine and ten years confinement in the penitentiary. By a single ground of error, appellant contends the evidence is insufficient to prove that a knife he used during the assault was a deadly weapon. We affirm.

A female attendant was working alone in a convenience store in Petersburg, Texas during the early morning hours of March 19, 1981, when appellant entered the store, lured her to the potato chip rack, placed…