Court of Criminal Appeals of Texas

Mary Helen Denham, Appellant v. the State of Texas, Appellee

December 13, 19781978 Tex. Crim. App. LEXIS 1441

Summary

The Court affirmed the aggravated assault conviction, holding that the complainant's testimony about the butcher knife's size, manner of use, and the wounds inflicted was sufficient to find the knife a deadly weapon, and that lay testimony on this issue is admissible without requiring expert evidence. Justice Tom G. Davis concurred in part and dissented in part, agreeing with the result but warning against equating lay opinion with expert testimony and emphasizing case‑by‑case analysis.