Jarvis Charles Mosley v. State Texas

Appellant asserts that the evidence is insufficient to prove that a pistol was used during the offense as alleged in the indictment. He argues that the States evidence was insufficient to prove that the weapon used during the commission of the offense was a deadly weapon. See, V.T.C.A. Penal Code Sec. 22.02(a)(3). If the weapon used is not a deadly weapon, a conviction for aggravated assault obtained under V.T.C.A. Penal Code Sec. 22.02(a)(3), cannot be upheld.