GASTON v. STATE

No. 05-82-00769-CR.

672 S.W.2d 819 (1983)

Darryl Wayne GASTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

December 6, 1983.


Attorney(s) appearing for the Case

David Loving, Dallas, for appellant.

Henry Wade, Dist. Atty., Jeffery Keck, Asst. Dist. Atty., Dallas, for appellee.

Before STOREY, VANCE and SHUMPERT, JJ.


SHUMPERT, Justice.

We grant the appellant's motion for rehearing, withdraw our opinion of November 9, 1983, and the following is now our opinion.

This is an appeal from a conviction of aggravated assault. In his sole ground of error, appellant contends there is insufficient evidence to sustain his conviction because there is no evidence that he "used" a deadly weapon as alleged in the indictment. We disagree and affirm.

On April 14, 1981, at approximately...

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