Kirby Arness Rice v. State Texas

Appellant, Kirby Arness Rice, appeals his judgment of conviction for the offense of murder. TEX.PENAL CODE ANN. § 19.02 (Vernon
1974). The jury rejected appellants' "not guilty" plea, finding appellant guilty as charged in the indictment, made an affirmative
finding of the use of a deadly weapon, and assessed punishment at fifty years confinement in the Texas Department of Corrections.
We affirm. In his first point of error, appellant contends the special issue, in the court's charge to the jury regarding the use of
a deadly weapon contained a defect. Appellant specifically complains the special issue was worded in such a way as to presume
that the weapon used was deadly.