DIXON v. STATE

No. 08-88-00215-CR.

775 S.W.2d 795 (1989)

Ronnie Lee DIXON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied September 6, 1989.


Attorney(s) appearing for the Case

Allen R. Strouder, Odessa, for appellant.

R.C. "Eric" Augesen and Gary Garrison, Dist. Attys., Odessa, for appellee.

Before FULLER, WOODARD and KOEHLER, JJ.


OPINION

FULLER, Justice.

Appellant was found guilty by a jury of aggravated robbery. The jury assessed punishment at seventy-three years' imprisonment in the Texas Department of Corrections. We reverse.

Point of Error No. One asserts that there was insufficient evidence to establish that the Appellant "used" and "exhibited" a deadly weapon as charged to the jury.

The two words are not synonymous, and one does not wholly encompass the other...

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