Court of Criminal Appeals of Texas

Charles Michael Blain, Appellant v. the State of Texas, Appellee

March 23, 19831983 Tex. Crim. App. LEXIS 974

Summary

The Court of Criminal Appeals of Texas reversed the conviction for aggravated robbery and remanded with instructions to enter an acquittal because the evidence was insufficient to establish that the knife used was a deadly weapon. The Court held that without testimony regarding the knife's size, sharpness, or the victim's fear of serious injury, the prosecution cannot meet its burden.