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 evidence was sufficient for a jury to find the butcher knife a deadly weapon based on its size, manner of use, and the victim's testimony, without requiring expert testimony. Justice Tom G. Davis, in a concurring in part/dissenting in part opinion, agreed with the result but cautioned against equating lay opinion with expert evidence.