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CALVIN v. STATE

No. 53829.

577 S.W.2d 225 (1978)

Denny CALVIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 13, 1978.

Attorney(s) appearing for the Case

Neal Wheeler, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John H. Hagler and Greg Davis, Asst. Dist. Attys., Dallas, for the State.

Before the Court en banc.

DOUGLAS, Judge, concurring in part and dissenting in part.

The opinion adopted by the majority reaches the right result, but it should be published. This cause should be affirmed because a 12-inch blade knife as used in this case to cut another in the stomach is a deadly weapon as defined in V.T.C.A., Penal Code, Section 1.07(a)(11)(B), which defines a deadly weapon as "anything that in the manner of its use or intended use is capable of causing death or serious bodily...

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