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DANZIG v. STATE

No. 52317.

546 S.W.2d 299 (1977)

Jill DANZIG, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 23, 1977.

Attorney(s) appearing for the Case

Terry L. Belt, Austin, for appellant.

Joe Carroll, Dist. Atty. & Troy C. Hurley, Asst. Dist. Atty., Belton, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated assault by using a deadly weapon. After finding the appellant guilty, the jury assessed her punishment at five years.

Appellant's only contention is that the evidence is insufficient to show that the weapon used was deadly. We agree and reverse.

Omitting the formal parts, the indictment alleges that on May 5, 1975, the appellant

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