Tex. Penal Code Ann. § 1.07

Section 1.07(a)(11)(B) treats an object, including a pocket knife, as a deadly weapon when its use or intended use makes it capable of causing death or serious bodily injury.

Lewis v. State · filed 1982-02-19(a)(11)(B)

Any other object can be a deadly weapon if the evidence establishes its use or intended use in accordance with section 1.07(a)(11)(B), Tex.Penal Code Ann. (Vernon 1974).

When a knife is used in a manner capable of causing death or serious bodily injury, its intended use is irrelevant to whether it is a deadly weapon.

Sylvester Majors v. State · filed 1994-04-20(a)(11)(B)

Because the evidence supports the conclusion that the knife was used in a manner capable of causing death or serious bodily injury, appellant's intended use of the weapon is irrelevant.

A knife can qualify as a deadly weapon when its intended use is capable of causing death or serious bodily injury, even if it is not actually used that way.

Billey v. State · filed 1995-05-10(a)(17)(B)

Nevertheless, it is the rule that the knife need not actually be “used” in a manner capable of causing death or serious bodily injury in order to support a finding that it is a deadly weapon. Instead, the evidence need only prove that the manner of the knife’s intended use be capable of causing death or serious bodily injury.

An ordinary pocketknife can qualify as a deadly weapon when evidence shows that its manner of use or intended use makes it capable of causing serious bodily injury.

Garcia v. State · filed 1982-03-24(a)(11)(B)

A deadly weapon can be “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(ll)(B) (Vernon 1974). ... The jury in the case before us heard testimony from a police officer with ten years experience that he had seen many stabbings from knives of the type testified to by the complainant and that such pocketknives are capable of causing serious bodily injury. This same jury heard testimony that the complainant felt something pushed in his back and saw appellant holding a knife. We find this sufficient evidence to support the verdict and overrule appellant's third ground of error.

A firearm is a deadly weapon under § 1.07(a)(11).

Sorenson v. State · filed 1986-04-08(a)(11)

Thus, the jury verdict necessarily included a finding that Sorenson committed murder by shooting the victim with a firearm, which is a deadly weapon.

Section 1.07(a)(11)(B) defines a deadly weapon by its capacity to cause death or serious bodily injury in the manner it is used or intended to be used; that standard is not unconstitutionally vague as applied to a dustpan used to kill.

Quintana v. State · filed 1989-08-31(a)(11)(B)

Even though § 1.07(a)(ll)(B) does not list items that could qualify as deadly weapons, the statute is precise in that it limits those items to “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” ... We therefore hold § 1.07(a)(ll)(B) constitutional as applied to appellant.

Section 1.07(a)(11)(B) includes an object as a deadly weapon when the manner of its use or intended use makes it capable of causing death or serious bodily injury.

Zepeda v. State · filed 1990-12-12(a)(11)(B)

Further, a deadly weapon is defined as including anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. See Tex. Penal Code Ann. § 1.07(a)(ll)(B) (Vernon 1974). We find that the evidence is sufficient to establish that Marroquin died as a result of blows to his head caused by deadly weapon, either a piece of wood, a stick or a wooden handle.

A knife is a deadly weapon if its use or intended use makes it capable of causing death or serious bodily injury.

Villarreal v. State · filed 1991-04-25(a)(11)(B)

A knife is a deadly weapon if in the manner of its use or intended use it is capable of causing death or serious bodily injury. Tex. Penal Code Ann. § 1.07(a)(ll)(B) (Vernon 1974).

Section 1.07(a)(11) covers weapons deadly by design or by their actual or intended use; a sharpened shank can qualify under both.

Berry v. State · filed 1992-07-08(a)(11)(A), (B)

We believe that a rational trier of fact could have found that the shank possessed by Berry was both a deadly weapon by its design and by its intended use.

A tire iron may qualify as a deadly weapon when evidence shows it was displayed or used in a manner indicating an intent to cause death or serious bodily injury.

Bingham, Anthony D. v. Texas, the State Of · filed 1992-10-30(a)(11)

The Penal Code defines "deadly weapon" as (1) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or (2) anything that in the manner of its use or intended use is capable of causing death or injury. ... The evidence is sufficient to establish that appellant used or displayed the tire iron in a manner indicating an intent to cause death or serious bodily injury.

Section 1.07(a)(11) does not classify a toothbrush with a razor blade as a deadly weapon per se under (A), but permits it to qualify under (B) based on its use and capacity to cause death or serious bodily injury.

Gilmore v. State · filed 1993-03-03(a)(11)

A toothbrush with a razor blade is not a deadly weapon per se under subparagraph (A); however, it may be shown to be a deadly weapon under subparagraph (B) by showing the manner of its use, its size and shape, and its capacity to produce death or serious bodily injury.

A machete qualifies as a deadly weapon under § 1.07(11)(B) when the manner of its use is capable of causing death or serious bodily injury.

Christensen v. State · filed 1993-03-31(11)(B)

The evidence was overwhelming and uncontroverted that the manner and means in which appellant used the machete on Wright was capable of "causing death or serious bodily injury" so as to bring the machete within the definition of "deadly weapon."

Section 1.07(a)(11)(B) permits a knife to qualify as a deadly weapon based on its intended use and capability to cause death or serious bodily injury.

De Leon v. State · filed 1993-08-31(a)(11)(B)

Viewing this evidence in the light most favorable to the verdict, we find that a rational trier of fact could have found that appellant’s “Rambo”-style knife was a deadly weapon within the meaning of § 1.07(a)(ll)(B).

A lighter can qualify as a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Lozano v. State · filed 1993-10-20(a)(11)(B)

Although a lighter is not a deadly weapon per se, it can qualify as such through the manner of its use and its capacity to produce death or serious bodily injury. ... Here, appellant used his lighter to ignite combustible material, causing a fire that killed or badly burned five people.

Section 1.07(a)(11)(B) permits a floor to be a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Gregory Joseph Stanul, Jr. v. State · filed 1994-02-02(a)(11)(B)

The jury could rationally find that the floor was capable of causing death or serious bodily injury in the manner of its use by appellant and, therefore, was a deadly weapon.

Section 1.07(11)(B) treats an object as a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Plyant v. State · filed 1994-07-20(11)(B)

The State was required to show by evidence that the belt was actually capable of causing death or serious bodily injury in the manner Plyant used it. ... The evidence is sufficient to support the jury's deadly-weapon finding.

Section 1.07(a)(17)(B) treats fire as a deadly weapon when its use or intended use is capable of causing death or serious bodily injury, even if no one is injured.

Ledesma v. State · filed 1994-10-26(a)(17)(B)

From this evidence, a jury could rationally conclude that appellant used fire in a manner capable of causing death or serious bodily injury. That Smith was not injured does not render the evidence insufficient.

Section 1.07(11) defines a firearm, including a .38 caliber handgun, as a deadly weapon.

Ybarra v. State · filed 1995-04-05(11)

A firearm, as alleged in the instant indictment, is a deadly weapon. Tex. Penal Code Ann. § 1.07(11) (Vernon 1974). The .38 caliber handgun used in this case is a firearm, a deadly weapon.

Section 1.07(a)(17) requires proof that a knife, in the manner of its use or intended use, was capable of causing death or serious bodily injury; a knife is not automatically a deadly weapon.

Jackson v. State · filed 1995-11-30(a)(17)

Texas courts have held that a knife is not per se a deadly weapon under this statute. ... The State must therefore prove that the knife in this offense was, in the manner of its use or intended use, capable of causing death or serious bodily injury. ... These facts are consistent with the above cases finding the evidence legally insufficient to prove that a knife was used as a deadly weapon.

Section 1.07(a)(17) permits a truck to qualify as a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Gibbs v. State · filed 1996-10-03(a)(17)

We have also reviewed all the evidence for factual sufficiency and find that the jury could have determined that the truck was used as a deadly weapon and a verdict based upon that determination was not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Section 1.07(a)(11)(B) permits a knife to qualify as a deadly weapon based on the manner of its use, its size and shape, and its capacity to cause death or serious bodily injury.

Finis Wilson v. State · filed 1992-01-29(a)(11)(B)

Although a knife is not usually a deadly weapon per se under paragraph (A), it may be shown to be a deadly weapon under paragraph (B) by showing the manner of its use, its size and shape, and its capacity to produce death or serious bodily injury.

Section 1.07(a)(11)(B) treats a knife as a deadly weapon when its use or intended use makes it capable of causing serious bodily injury.

Jack Andrew Harris, Jr. v. State · filed 1992-05-27(a)(11)(B)

A knife becomes a deadly weapon when its use or intended use renders it capable of causing serious bodily injury. Tex. Penal Code Ann. § 1.07(a)(11)(B) (1974). ... Appellant's words and actions implied that the knife was capable of seriously injuring Olvera, and he used that implication to obtain the money. A rational juror could have found beyond a reasonable doubt that the knife exhibited by appellant was a deadly weapon.

Section 1.07(a)(17)(B) treats an automobile as a deadly weapon when its use or intended use is capable of causing death or serious bodily injury; intent to cause such injury is unnecessary.

Williamson v. State · filed 1996-05-08(a)(17)(B)

There is no requirement that the defendant intend to cause death or serious bodily injury in order for an automobile to be a deadly weapon. It is sufficient that the vehicle, as used by the defendant or as he intended to use it, was merely capable of causing death or serious bodily injury.

Under § 1.07(a)(17)(B), a garden hoe can be a deadly weapon when its use shows intent to cause death or serious bodily injury and it is capable of causing serious bodily injury.

Leinweber v. State · filed 1997-02-13(a)(17)(B)

When the evidence does not show that the instrument caused death or serious bodily injury, the State must produce evidence that shows (1) the instrument was displayed or used in a manner establishing intent to use it to cause death or serious bodily injury and (2) the instrument was capable of causing serious bodily injury. ... We conclude the evidence was legally sufficient to support the jury's finding of a deadly weapon.

A firearm is a deadly weapon under Section 1.07(a)(17).

Lewis v. State · filed 1997-08-14(a)(17)

A firearm is a deadly weapon. Tex. Penal Code Ann. § 1.07(a)(17) (West 1994).

Section 1.07(a)(17)(B) allows fire to qualify as a deadly weapon based on its capacity to cause death or serious bodily injury in the manner it is used or intended to be used.

Munn v. State · filed 1997-01-09(a)(17)(B)

That fire cannot be felt or touched in the manner of a firearm or knife does not mean that it cannot be employed as a deadly weapon.

Fire can be a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Sellers v. State · filed 1997-07-31(a)(17)(B)

A deadly weapon is “anything that in the manner of its use ... is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(17)(B) (Vernon 1994). We need to look no further than the facts of this case for proof that fire is, in the manner in which appellant used it, capable of causing death or serious bodily injury. In this case, appellant’s use of fire caused the deaths of four people and injured a fifth. We hold that, in the manner in which it was used by this appellant, fire did constitute a deadly weapon.

Section 1.07(17)(B) allows feet to qualify as deadly weapons when their manner of use is capable of causing serious bodily injury.

Carlson v. State · filed 1997-02-27(17)(B)

All of this evidence supports an instruction that Carlson's feet, used in a manner capable of causing serious bodily injury, could constitute deadly weapons.

Section 1.07(a)(17)(A) classifies a firearm as a deadly weapon per se.

Davila v. State · filed 1997-09-25(a)(17)(A)

Intent to kill may be inferred from the use of a deadly weapon per se. ... A firearm is a deadly weapon per se. Tex. Penal Code Ann. § 1.07(a)(17)(A) (Vernon 1994).

Section 1.07(a)(17)(B) permits feet to qualify as deadly weapons when their manner of use is capable of causing serious bodily injury.

Carlson v. State · filed 1997-04-10(a)(17)(B)

All of this evidence supports an instruction that Carlson’s feet, used in a manner capable of causing serious bodily injury, could constitute deadly weapons.

Section 1.07(a)(17) treats a firearm as a deadly weapon.

Franklin Harris, Jr. v. State · filed 1997-06-26(a)(17)

A firearm is a deadly weapon. Tex. Penal Code Ann. § 1.07(a)(17) (West 1994); Gomez v. State , 685 S.W.2d 333, 336 (Tex. Crim. App. 1985); see Ex parte Franklin, 757 S.W.2d 787 (Tex. Crim. App. 1988). The evidence is ample to sustain the State's allegations that appellant possessed a short-barrel firearm.

A motor vehicle is a deadly weapon under § 1.07(a)(17)(B) only if its use placed someone present at the time of the offense in danger of death or serious bodily injury.

Williams v. State · filed 1997-04-17(a)(17)(B)

We conclude that to find the truck “capable” of causing death or serious bodily injury requires evidence that when the DWI offense occurred, there was someone present who was placed in danger of serious bodily injury or death.

Section 1.07(a)(17)(B) defines a deadly weapon to include an object capable of causing death or serious bodily injury in the manner of its use or intended use; the knife met that definition.

Yetton v. State · filed 1997-11-06(a)(17)(B)

The evidence at trial established that Yetton used or exhibited a deadly weapon in the course of committing robbery. ... A deadly weapon is anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Section 1.07(a)(17) treats an object as a deadly weapon when its manner of use makes it capable of causing death or serious bodily injury.

Crutcher v. State · filed 1998-05-12(a)(17)

In this case, it became obvious during the commission of the crime that a flashlight or some object was being used as a deadly weapon, i.e., that in the manner of its use or intended use was capable of causing death or serious bodily injury.

Section 1.07(17)(B) includes an object capable of causing death or serious bodily injury in the manner of its use or intended use within the definition of a deadly weapon; a screwdriver can qualify.

Henderson v. State · filed 1998-07-23(17)(B)

The penal code definition of the term “deadly weapon” includes “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(17)(B) (Vernon 1994). ... We find from the evidence that a rational trier of fact could find the screwdriver Henderson used to be a deadly weapon.

Section 1.07(a)(17)(A) defines a firearm as a deadly weapon.

Johnson v. State · filed 1998-12-03(a)(17)(A)

The Texas Penal Code defines a firearm as a deadly weapon.

A BB pistol can be a deadly weapon when the evidence supports a finding that it was loaded and capable of causing death or serious bodily injury in the manner it was used.

Delgado v. State · filed 1999-01-14(a)(17)(B)

While the question is a close one, we believe the jury could infer that appellant was capable of making good his threats; that is, that the BB pistol was loaded, and therefore a deadly weapon, during the robbery.

Proof concerning a knife's manner of use did not support the alternative deadly-weapon theory that it was manifestly designed to inflict serious bodily injury.

Douglas v. State · filed 1999-05-06(a)(17)

Like Bonfanti , there was no evidence presented that would have supported the additional theory that the knife was manifestly designed to inflict serious bodily injury.

An unidentified sharp instrument can be a deadly weapon if the manner of its use makes it capable of causing death or serious bodily injury.

Regan v. State · filed 1999-12-02(a)(17)

A deadly weapon is “(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(17) (Vernon 1994). ... After viewing the evidence in the fight most favorable to the prosecution, we find a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, namely that appellant used a deadly weapon in the commission of the offense.

Section 1.07(a)(17) treats a handgun as a deadly weapon per se.

Lerma v. State · filed 2001-02-15(a)(17)

The .45 caliber weapon shown to have been used in the instant case was a deadly weapon per se .

An automobile is a deadly weapon when the manner of its use is capable of causing death or serious bodily injury.

Stubbs v. State · filed 2001-03-29(a)(17)(B)

We hold that this evidence is legally sufficient to support the jury's finding that appellant used his automobile in a manner capable of causing death or serious bodily injury to the occupants of the other vehicles, as well as to the three children in the car with him.

Section 1.07(a)(17)(B)’s definition of a deadly weapon includes parts of the body.

Najera v. State · filed 1997-11-13(a)(17)(B)

Anything that in the manner of its use or intended use can be a deadly weapon. Tex. Penal Code Ann. § 1.07(a)(17)(B) (West 1994). This includes parts of the body.

Section 1.07(a)(17)(A) treats a firearm, including a handgun, as a deadly weapon per se.

Jones v. State · filed 1998-02-19(a)(17)(A)

A firearm, i.e., a handgun, is a deadly weapon per se. See Tex. Penal Code Ann. § 1.07(a)(17)(A) (Vernon 1994).

Section 1.07(a)(17) treats a Tech-9 sub-machine gun as a deadly weapon per se.

Johnson v. State · filed 1999-11-04(a)(17)

The indictment here specifically alleged the use of a “deadly weapon”; the jury’s verdict reads “guilty as charged in the indictment”; and the Tech-9 sub-machine gun used is deadly per se.

An ordinary object qualifies as a deadly weapon if the manner of its use makes it capable of causing death or serious bodily injury.

Bui v. State · filed 1998-04-28(a)(17)(B)

A Duraflame log is not a deadly weapon per se, but it can become one if, in the manner of its use, it is capable of causing death or serious bodily injury.

A thing is a deadly weapon by use only if it was capable of causing death or serious bodily injury as used by the defendant in the case.

Rodriguez v. State · filed 2000-12-14(a)(17)(B)

But if the State seeks to prove that a thing became a deadly weapon by the manner of its use or intended use, the evidence must establish that it was capable of causing death or serious bodily injury as used by the defendant in that case.

Section 1.07(17)(B) allows hands to qualify as a deadly weapon when the manner of their use is capable of causing death or serious bodily injury, even if serious bodily injury does not occur.

Jefferson v. State · filed 1998-07-30(17)(B)

Hands are not deadly weapons per se but can become deadly weapons in the manner of their use depending upon the evidence. ... However, the State need not show that the hands actually caused serious bodily injury so long as it shows that the hands in the manner of their use were capable of causing serious bodily injury.

Section 1.07(a)(17) treats a firearm as a deadly weapon per se.

Davis v. State · filed 1999-06-09(a)(17)

A firearm is a deadly weapon per se. Tex. Penal Code Ann. § 1.07(a)(17).

A motor vehicle qualifies as a deadly weapon when the manner of its use or intended use makes it capable of causing death or serious bodily injury under the facts that actually existed.

Davis v. State · filed 1999-09-10(a)(17)(B)

We conclude, even viewing the evidence in the light most favorable to the jury's finding, that a rational trier of fact could not have found beyond a reasonable doubt that appellant's truck, from the manner of its use or intended use, was capable of causing death or serious bodily injury and was a deadly weapon used in the commission of a felony.

A fist can qualify as a deadly weapon under § 1.07 when its use causes an eye injury so severe that the eye must be removed.

Collins v. State · filed 1999-03-18(a)(17)(B), (a)(46)

The evidence shows that appellant struck the complaining witness in the eye with his fist. The blow ruptured the eyeball, destroyed the lens, and detached the retina. Medical efforts to save the eye were unsuccessful, and the eye was eventually removed. This evidence supports the deadly weapon finding. See Tex. Penal Code Ann. § 1.07(a)(17)(B), (46) (West 1994) (defining "deadly weapon" and "serious bodily injury"). Point of error five is overruled.

A board qualifies as a deadly weapon when its manner of use or intended use is capable of causing death or serious bodily injury.

Bailey v. State · filed 2001-05-17(a)(17)(B)

A board is not a deadly weapon per se so the State was required to prove that, in the manner of its use or intended use, the board was capable of causing death or serious bodily injury.

A board is a deadly weapon if its manner of use or intended use makes it capable of causing death or serious bodily injury.

Bailey v. State · filed 2001-06-28(a)(17)(B)

A board is not a deadly weapon per se so the State was required to prove that, in the manner of its use or intended use, the board was capable of causing death or serious bodily injury.

An object can qualify as a deadly weapon under § 1.07(17) based on the manner in which it is used.

Willey v. State of Texas · filed 2001-11-29(17)

A reasonable trier of fact could have found beyond a reasonable doubt that the manner in which Stevison used the mop handle made that item a deadly weapon.

Section 1.07(a)(17)(B) requires evidence that an object was used or intended to be used in a manner capable of causing death or serious bodily injury.

Adkins v. State · filed 2003-03-24(a)(17)(B)

Because appellant did not use the stick in a manner capable of causing death or serious bodily injury, we must determine whether the evidence is sufficient to prove that appellant intended to use the stick in a manner capable of causing serious bodily injury or death. There is no such evidence in the record.

Section 1.07(a)(17)(B) includes an electrical cord as a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Walker v. State · filed 2003-06-12(a)(17)(B)

We agree that the evidence is factually sufficient that the cord, as used by Burns's attacker, constituted a deadly weapon.

Section 1.07(17)(B)’s definition of a deadly weapon includes an object’s intended use.

Kothmann v. Clint Cook · filed 2003-06-27(17)(B)

When the jury sent the note out neither the definition of deadly weapon nor the application paragraph contained the phrase “or intended use” when describing the tire tool as a deadly weapon or defining deadly weapon. ... The Penal Code definition of a deadly weapon includes the omitted phrase.

Section 1.07(a)(17)(B) covers a knife when its manner of use or intended use makes it capable of causing death or serious bodily injury.

Butler v. State · filed 2003-08-21(a)(17)(B)

A knife can be a deadly weapon, however, if in the manner of its use or intended use it was capable of causing death or serious bodily injury. ... We hold that this evidence is both legally and factually sufficient to support the jury’s deadly weapon finding and overrule appellant’s first point.

Under § 1.07(a)(17)(B), a baseball bat is a deadly weapon only if its use or intended use is capable of causing death or serious bodily injury.

In Re SB · filed 2003-08-29(a)(17)(B)

Having examined all of the evidence and viewing it in the light most favorable to the verdict, even disregarding the evidence contrary to the verdict, we hold that the evidence is legally insufficient to support the jury's finding that the baseball bat, in the manner of its use or intended use by Appellant, was capable of causing death or serious bodily injury; therefore, there was legally insufficient evidence that the bat constituted a deadly weapon.

A baseball bat is a deadly weapon under § 1.07(a)(17)(B) only if its manner of use or intended use is capable of causing death or serious bodily injury.

in the Matter of S.B. · filed 2003-08-29(a)(17)(B)

Having examined all of the evidence and viewing it in the light most favorable to the verdict, even disregarding the evidence contrary to the verdict, we hold that the evidence is legally insufficient to support the jury’s finding that the baseball bat, in the manner of its use or intended use by Appellant, was capable of causing death or serious bodily injury; therefore, there was legally insufficient evidence that the bat constituted a deadly weapon.

A BB gun is a deadly weapon when its use or intended use is capable of causing serious bodily injury.

McDonald Scott Hollis and Xcel Energy Third Party Defendent v. Hollis · filed 2003-09-03(a)(17)(B)

Because the evidence supports that Appellant's BB gun was capable of causing serious bodily injury, the jury was justified in finding that Appellant used a deadly weapon during the two 2008 robberies.

Section 1.07(a)(17)(B) covers gasoline as a deadly weapon when the way it is used makes it capable of causing death or serious bodily injury.

Ellis v. State · filed 2004-01-29(a)(17)(B)

The gasoline, as used by Ellis, was “capable” of causing death or serious bodily injury.

Section 1.07(a)(17)(B) defines a deadly weapon by its capability to cause death or serious bodily injury; actual injury need not occur.

Christine Pesina, Individually and as Next Friend of Eric Martinez v. Mark Alan Hudson, Gerald Hudson and Becky Hudson · filed 2004-03-31(a)(17)(B)

The statute speaks in terms of capability to cause death or serious bodily injury, meaning that no actual death or serious bodily injury need have occurred.

A metal pipe qualifies as a deadly weapon under § 1.07(a)(17)(B) only if the evidence shows that its use or intended use made it capable of causing death or serious bodily injury.

In Re KB · filed 2004-06-16(a)(17)(B)

A "deadly weapon" is defined by the Penal Code as "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." Tex. Pen.Code Ann. § 1.07(a)(17)(B) (Vernon 2004); McCain v. State, 22 S.W.3d 497, 503 (Tex.Crim.App.2000). ... Therefore, even after viewing all the evidence in a light most favorable to the verdict, we find the evidence is legally insufficient for a rational juror to find beyond a reasonable doubt that the metal pipe was a deadly weapon.

Section 1.07(a)(17) defines a firearm as a deadly weapon; absent a specific indication to the contrary, a jury may infer that a witness’s description of a gun means a firearm.

Kemp v. State · filed 2004-06-24(a)(17)

A firearm is, per se, a deadly weapon. ... Although a “gun” is not necessarily a firearm, absent any specific indication to the contrary at trial, the jury should be able to make the reasonable inference, from a witness’s testimony that a gun was used in the commission of a crime, that the gun was a firearm.

An air pistol qualifies as a deadly weapon under subsection (B) only if the evidence shows it was capable of causing death or serious bodily injury in the manner of its use or intended use.

Lee v. State · filed 2001-05-31(a)(17)(B)

In essence, based on the scant circumstantial evidence presented, the State asked the jury to build an inference upon an inference — first, to infer that appellant carried an air pistol in working order and then that appellant’s use or intended use of the air pistol was that it be capable of causing death or serious bodily injury. We hold the State failed to carry its burden and sustain appellant’s first point of error.

A BB gun may be a deadly weapon when its use or intended use is capable of causing serious bodily injury or death.

Callis, Lathaniel Rausean v. State · filed 2001-08-02(a)(17)(B)

We hold that a rational trier of fact viewing all the evidence in the light most favorable to the verdict could have found beyond a reasonable doubt that appellant used or intended to use the BB pistol in a manner capable of causing serious bodily injury or death.

Section 1.07(a)(17)(B) allows a motor vehicle to qualify as a deadly weapon based on how it is used; intent to use it as a weapon is unnecessary.

Dotson v. State · filed 2004-09-02(a)(17)(B)

Therefore, the operation of a motor vehicle may constitute the “use” of a deadly weapon and no intent to use the vehicle as a weapon need be shown to sustain an affirmative finding.

Section 1.07(a)(17)(B) does not require intent to cause death or serious bodily injury for an object to qualify as a deadly weapon; a vehicle can qualify even when the underlying offense requires only recklessness.

Dotson v. State · filed 2004-09-02(a)(17)(B)

The plain language of section 1.07(a)(17)(B) does not require that the actor actually intend death or serious bodily injury; rather, “[t]he placement of the word ‘capable’ in the provision enables the statute to cover conduct that threatens deadly force, even if the actor has no intention of actually using deadly force.” ... Consequently, we reject Dotson’s contention that a deadly weapon finding is improper in the instant case merely because the offense of manslaughter required less than intentional conduct.

Section 1.07(a)(17)(B) defines a deadly weapon to include an object capable of causing death or serious bodily injury in the manner it is used or intended to be used.

Soto v. State · filed 2005-01-06(a)(17)(B)

we hold that the evidence is legally sufficient to support the jury’s finding that the pillow used in the case now before this court was, in the manner of its use and intended use, capable of causing death and serious bodily injury and that the pillow, therefore, was a deadly weapon.

Section 1.07(a)(17) treats a firearm as a deadly weapon; testimony describing a gun and threats to shoot can support a deadly weapon finding.

Demarcus Sirray Ford v. State · filed 2005-03-10(a)(17)

We hold that the evidence presented is legally and factually sufficient to support the jury’s finding that Appellant used or exhibited a deadly weapon, a firearm, in the commission of the robberies.

Section 1.07(a)(17) defines a firearm as a deadly weapon per se.

Bishop v. State · filed 2005-05-19(a)(17)

A deadly weapon is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Tex. Penal Code Ann. § 1.07(a)(17) (Vernon Supp. 2004-05). A “firearm” is therefore a deadly weapon, per se.

Section 1.07(a)(17)(B) treats a foot as a deadly weapon when its manner of use makes it capable of causing death or serious bodily injury.

Ferman Sims v. State · filed 2005-08-04(a)(17)(B)

A foot is not a deadly weapon per se, but it can become a deadly weapon if in the manner of use, the foot is capable of causing death or serious bodily injury.

A baseball bat can qualify as a deadly weapon when used in a manner capable of causing death or serious bodily injury.

English v. State · filed 2005-08-11(a)(17)

A baseball bat is not a deadly weapon per se because it is not made for the purpose of inflicting death or serious bodily injury, although it may be classified as such when used in a manner capable of inflicting death or serious bodily injury.

An unidentified object may qualify as a deadly weapon based on its manner of use; the severity, scope, and nature of the injuries can support that finding.

Gordon v. State · filed 2005-09-08(a)(17)(B)

Based on the record evidence and applying the appropriate standards of review, we hold that the evidence is both legally and factually sufficient to support the jury’s deadly weapon finding. In a case such as this, in which a child is injured while in the care of one person and there are no witnesses as to what occurred to cause the child’s injury, the primary evidence of the manner of use of an object causing injury or death is evidence about the severity, scope, and nature of the child’s injuries.

Section 1.07(a)(17)(A) treats a firearm as a deadly weapon per se.

Ramirez v. State · filed 2005-09-15(a)(17)(A)

A firearm is a deadly weapon per se. See id. § 1.07(a)(17)(A).

Section 1.07 permits a jury charge to define serious bodily injury as part of the definition of deadly weapon.

Davis v. State · filed 2005-12-08(a)(17), (a)(46)

We hold that the trial court properly instructed the jury on the definition of serious bodily injury as part of the definition of deadly weapon.

Section 1.07(a)(17)(B) treats a knife as a deadly weapon when its manner of use or intended use makes it capable of causing death or serious bodily injury.

Cesar Danilo Vargas Juarez A/K/A Cesar Ramirez Hernandez A/K/A Cesar Hernandez Ramirez v. State · filed 2005-12-29(a)(17)(B)

Since a knife is not a deadly weapon per se under Section 1.07(a) of the code, the State was required to show that it was a deadly weapon by showing that it was something that “in the manner of its use or intended use was capable of causing death or serious bodily injury.” ... We conclude that more than sufficient evidence was presented to show that the knife, in its manner of use, could cause death or serious bodily injury.

A knife qualifies as a deadly weapon only when the manner of its use or intended use makes it capable of causing death or serious bodily injury.

Stewart v. State · filed 2006-04-06(a)(17)(B)

Consequently, based upon the applicable standard of review, [8] we hold that the evidence is legally insufficient to show that in the manner of its use or intended use, the steak knife was capable of causing death or serious bodily injury.

Section 1.07(a)(17)(B) defines a deadly weapon by its capacity to cause death or serious bodily injury in the manner it is used or intended to be used; the weapon need not be identified if the injuries support that finding.

Fertic v. State · filed 2006-06-01(a)(17)(B)

A deadly weapon is “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(17)(B) (Vernon Supp. 2005). ... A reasonable juror could have found by the presence and severity of the victim’s injuries, that Appellant did in fact use a deadly weapon, although such weapon was never discovered.

A knife can qualify as a deadly weapon under section 1.07(a)(17) based on how it is used or intended to be used.

Shield v. State · filed 2006-08-10(a)(17)

We hold that whether the evidence supporting the verdict is viewed in a light most favorable to the verdict, (footnote: 7) or whether the entire record is viewed in a neutral light, (footnote: 8) there was sufficient evidence from which the jury could have found beyond a reasonable doubt that appellant used a deadly weapon in the commission of the offense.

Section 1.07(a)(17) defines firearms as deadly weapons.

Coleman v. State · filed 2004-09-29(a)(17)

Article 1.07(a)(17) of the Texas Penal Code specifically defines firearms as deadly weapons. TEX. PENAL CODE ANN. art. 1.07(a)(17) (Vernon 2003). Thus, Cates is inapplicable to Appellant's case, as is the issue of whether the weapons found in the residence were deadly weapons.

Section 1.07(a)(17) defines a firearm as a deadly weapon.

Davis v. State · filed 2005-08-31(a)(17)

A deadly weapon is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. ... A “firearm” is therefore a deadly weapon, per se.

A motor vehicle can qualify as a deadly weapon when the manner of its use makes it capable of causing death or serious bodily injury.

Davis v. State · filed 2005-11-22(a)(17)(B)

This record shows that, by the manner of its use, appellant’s vehicle was capable of causing death or serious bodily injury.

Section 1.07(a)(17)(A) classifies a firearm as a deadly weapon even if it is not serviceable.

Rhodes v. State · filed 2005-07-07(a)(17)(A)

A firearm is per se a deadly weapon. See Tex. Penal Code Ann. § 1.07(a)(17)(A) (Vernon Supp. 2004-05). Additionally, a firearm need not be serviceable to be classified as a deadly weapon.

Section 1.07(a)(17)(B) covers an object used or intended to be used in a manner capable of causing death or serious bodily injury; actual serious injury is unnecessary.

Chavez v. State · filed 2006-08-31(a)(17)(B)

It is not necessary to show that the crowbar was actually used in a deadly manner or that its use caused serious injury. It is only necessary to show that Appellant acting alone or as a party, used or intended to use the crowbar in a manner that caused or had the potential to cause death or serious injury.

Section 1.07(a)(17)(A) defines a deadly weapon to include a firearm; eyewitness descriptions can support a finding that the weapon was a firearm.

Petty v. State · filed 2006-09-07(a)(17)(A)

The Texas Penal Code’s definition of a deadly weapon includes “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(17)(A) (Vernon Supp. 2006). ... Viewing all the evidence in the light most favorable to the verdict, we hold that a rational trier of fact could have found beyond a reasonable doubt that Randle used or exhibited a firearm.

A deadly weapon finding under section 1.07(a)(17)(B) does not depend on whether the victim seeks treatment for the injury.

Stevens v. Stevens · filed 2006-09-21(a)(17)(B)

However, section 1.07(a)(17)(B) does not make a deadly weapon finding contingent on the victim’s willingness to get help for his injuries.

Section 1.07(a)(17)(B) defines a deadly weapon by its capability to cause death or serious bodily injury in its use or intended use; it does not require proof that the actor intended to use it as a deadly weapon.

Lowe v. State · filed 2006-11-29(a)(17)(B)

Here, the jury was charged that, to find Lowe guilty of using a deadly weapon, the State was required to prove that Lowe used a knife to cause bodily injury to Colbert and in the manner that Lowe used and intended to use the knife, the knife was capable of causing death or serious bodily injury. The jury did not have to conclude Lowe used the knife and intended the knife to be used as a deadly weapon.

A knife qualifies as a deadly weapon when the manner of its use or intended use makes it capable of causing death or serious bodily injury.

Lowe v. State · filed 2006-11-29(a)(17)(B)

This is both legally and factually sufficient to support the jury's determination that the knife was, in the manner of its use and intended use, capable of causing death or serious bodily injury and, thus, a deadly weapon.

Section 1.07(a)(17)(B) includes a vehicle driven in a manner capable of causing death or serious bodily injury to another motorist.

Gibbs v. State · filed 2007-03-01(a)(17)(B)

Considering all the evidence before it, a reasonable jury could have found that the van driven in this manner by Gibbs was capable of causing death or serious bodily injury to another person driving on the highway at the same time.

Section 1.07(a)(17) defines a deadly weapon by whether its use or intended use is capable of causing death or serious bodily injury; a floor can qualify.

Wells v. State · filed 2007-03-29(a)(17)

A deadly weapon is anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (footnote: 23) ... Applying the appropriate standards of review, (footnote: 24) we hold that the evidence is both legally and factually sufficient to establish that, as alleged in the indictment, the floor or some object unknown to the grand jury was used as a deadly weapon.

A firearm is a deadly weapon under Section 1.07(a)(17)(A), including when an injury is caused by the gun’s butt rather than a bullet.

Simpson v. State · filed 2007-06-12(a)(17)(A)

A firearm is, per se, a deadly weapon. ... The fact that Galentine’s injury was caused by the butt of the gun instead of a bullet is of no consequence.

A knife may be a deadly weapon if, in the manner of its use or intended use, it is capable of causing death or serious bodily injury.

Garza v. State · filed 2007-06-28(a)(17)(B)

A knife is not a deadly weapon per se, (footnote: 5) but it may be a deadly weapon if in the manner of its use or intended use it is capable of causing death or serious bodily injury.

Section 1.07(a)(17)(A) treats a gun as a deadly weapon even when its clip is missing.

Jerome Williams A/K/A Ed Williams v. State · filed 2007-07-05(a)(17)(A)

First, though the gun was missing its clip, the bullet lodged in the chamber still serves to make it a deadly weapon, especially when put to Nieto's forehead.

A pellet gun can qualify as a deadly weapon when the evidence supports finding that it was loaded and capable of causing serious bodily injury in the manner of its use.

Menchaca v. State · filed 2007-08-02(a)(17)(B)

The jury had evidence from which it could have rationally believed that the gun was loaded and thus capable of being used in a manner in which it could inflict serious bodily injury.

Section 1.07(a)(17)(B) allows gasoline to qualify as a deadly weapon when its use or intended use makes it capable of causing death or serious bodily injury.

McDowell v. State · filed 2007-08-28(a)(17)(B)

Gasoline is not a deadly weapon per se, but in the manner of its use or intended use, it can be capable of causing death or serious bodily injury, and therefore can constitute a deadly weapon according to the definition of that term in Section 1.07(a)(17)(B) of the Texas Penal Code.

An object qualifies as a deadly weapon when the actor intends to use it in a manner capable of causing death or serious bodily injury; an intent to cause that harm is unnecessary.

Johnson v. State · filed 2007-08-30(a)(17)(B)

In fact, under section 1.07(a)(17)(B), it is not even necessary that the actor actually intended to cause death or serious bodily injury. ... It is sufficient that the actor is shown to have intended a use of the weapon in which it would be capable of causing death or serious bodily injury.

Section 1.07(a)(17)(A) defines a firearm as a deadly weapon.

Lee v. State · filed 2007-08-30(a)(17)(A)

The Texas Penal Code defines a firearm as a deadly weapon.

A hammer used to strike someone is a deadly weapon if, in that manner of use, it is capable of causing death or serious bodily injury.

Jorge Quinonez, Jr. A/K/A Jorge Quinonez v. State · filed 2007-09-12(a)(17)(B)

Although there is evidence to the contrary, the evidence that Quinonez used a hammer to strike Thornfield and that a hammer used in this manner is capable of causing death or serious bodily injury is legally sufficient to enable the jury to conclude beyond a reasonable doubt that Quinonez used a deadly weapon during the assault against Thornfield.

A knife can be a deadly weapon under § 1.07(a)(17)(B) when its intended use is capable of causing death or serious bodily injury; physical separation from the victim does not necessarily defeat that finding.

Curtis v. State · filed 2006-08-31(a)(17)(B)

The Texas Penal Code defines a deadly weapon as “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Tex. Penal Code Ann. § 1.07(a)(17)(B) (Vernon Supp. 2006). ... We hold that the combination of these factors provides legally sufficient evidence to support the jury’s finding that Appellant’s knife constituted a deadly weapon.

Section 1.07(a)(17)(B) defines a deadly weapon to include an object that, in the manner it is used or intended to be used, is capable of causing death or serious bodily injury.

Lonnie Dwayne Pope v. State · filed 2007-03-22(a)(17)(B)

The physical proximity between Price and the pipe, Pope’s language that he “was going to finish what he started,” the size and weight of the pipe, and the actual use of the pipe collectively constitutes legally and factually sufficient evidence that Pope used or intended to use an object—the pipe—in a manner that caused or had the potential to cause serious bodily injury.

A knife is not necessarily a deadly weapon under subsection (A), but evidence of how it was used and the wounds it caused can support a deadly-weapon finding.

Banargent v. State · filed 2007-05-31(a)(17)

Knives are not necessarily deadly weapons under subsection (A) of Texas Penal Code section 1.07(a)(17). ... After reviewing the record under the applicable standard of review, we conclude the evidence is legally and factually sufficient to support the deadly weapon finding.

A pocket knife can be a deadly weapon under § 1.07(a)(17)(B) if, in the manner of its use or intended use, it is capable of causing death or serious bodily injury, even when the wounds inflicted are superficial.

Magana v. State · filed 2007-06-06(a)(17)(B)

Thus, we look at the evidence to determine whether the knife was, in the manner of its use or intended use, capable of causing death or serious injury. ... We hold that the evidence, when viewed in the light most favorable to the prosecution, supports a determination that the knife was a deadly weapon.

Section 1.07(a)(17)(A) treats a firearm as a deadly weapon per se; the State must prove the object was a firearm, but need not prove it was capable of causing death or serious bodily injury in the manner of its use.

Cavazos v. State · filed 2007-08-30(a)(17)(A)

Here, appellant was charged with using or exhibiting a firearm, which is the first category of deadly weapons and thus a deadly weapon per se . See Tex. Penal Code Ann. § 1.07(a)(17)(A). Accordingly, the State did not have to prove that the pistols used were capable of causing death or serious bodily injury in the manner of it use or intended use; it only had to prove that the pistols were in fact a firearm.

Section 1.07(a)(17)(B) does not require intentional use of a motor vehicle for it to qualify as a deadly weapon; its manner of use must be deadly.

McKee v. State · filed 2007-02-01(a)(17)(B)

However, under the penal code, appellant’s use of the motor vehicle does not have to be intentional; she must just use it in a deadly manner.

A motor vehicle is a deadly weapon when the manner of its use is capable of causing death or serious bodily injury.

Dobbins v. State · filed 2007-05-10(a)(17)(B)

Furthermore, driving a vehicle at a person at 5-10 miles per hour, fast enough to lift the person onto the hood as it did Deputy Vest, is certainly capable of causing death or serious bodily injury.

A motor vehicle that actually causes a person's death meets the definition of a deadly weapon.

Morales v. State · filed 2007-08-09(a)(17)(B)

We conclude this evidence demonstrates that (1) appellant's vehicle meets the statutory definition of a dangerous weapon--the vehicle was actually used to cause the death in this case; (2) the vehicle was used or exhibited during the events from which the felony conviction was obtained; and (3) other people were put in actual danger--in fact, a person was killed.

Section 1.07 does not require proof of intent to cause death or serious bodily injury for a motor vehicle to qualify as a deadly weapon.

Herrera v. State · filed 2007-09-27

This court is bound by precedent from the Texas Court of Criminal Appeals holding that no intent is required for a deadly weapon finding.

Section 1.07(a)(17)(B) includes a vehicle as a deadly weapon when the manner of its use is capable of causing death or serious bodily injury.

Remsburg v. State · filed 2007-03-30(a)(17)(B)

Alternatively, the jury was free to conclude that Remsburg's actions of almost running into Lawrence's vehicle constituted a use of the gold vehicle that was capable of causing death or serious bodily injury.

A knife can be a deadly weapon when its intended use would be capable of causing death or serious bodily injury.

Ivey v. State · filed 2007-08-30(a)(17)(B)

We hold that the jury could reasonably find beyond a reasonable doubt that appellant intended to use the knife in a manner in which it would be capable of causing death or serious bodily injury.

A cane used to repeatedly strike someone can qualify as a deadly weapon based on the manner of its use.

Jones v. State · filed 2007-12-05(a)(17)(B)

The evidence is uncontroverted that Jones struck Davis repeatedly with a cane ... and that the cane (when used in the fashion Jones employed it) met the definition of a “deadly weapon.”

An object qualifies as a deadly weapon under Section 1.07(17)(B) only if its actual or intended manner of use is capable of causing death or serious bodily injury; pointing a toy gun as if to shoot does not qualify.

Palmer v. State · filed 2007-12-05(17)(B)

Because the use and manner of intended use (i.e., pointing and threatening as if to shoot) was not a use of the toy capable of causing serious bodily injury or death, we find such evidence was legally insufficient to allow a jury to infer the toy was a deadly weapon.

A knife can be a deadly weapon based on its use or intended use, as shown by testimony and evidence of injuries.

Wilford v. State · filed 2008-04-03(a)(17)(B)

The complainant’s testimony and the evidence of her injuries were sufficient to prove that appellant wielded a knife that was a deadly weapon in the manner or its use or intended use.

An object is a deadly weapon if, in the manner of its use or intended use, it is capable of causing death or serious bodily injury.

Padilla v. State · filed 2008-04-17(a)(17)(B)

A deadly weapon can be anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. ... Applying the applicable standards of review, we find that the evidence is legally and factually sufficient to show that Padilla committed aggravated assault with a deadly weapon.

Section 1.07(a)(17)(A) treats a firearm as a deadly weapon per se.

Collin Smith v. State · filed 2008-05-22(a)(17)(A)

A firearm is a deadly weapon per se. See Tex. Penal Code Ann. § 1.07(a)(17)(A) (West Supp. 2007). Accordingly, the jury, by its verdict of guilty, necessarily made an affirmative finding that a deadly weapon, specifically a firearm, was used in the commission of the offense.

Section 1.07(a)(17)(B) allows a person's hand to qualify as a deadly weapon when its manner of use makes it capable of causing serious bodily injury or death.

Ybarra v. State · filed 2008-06-18(a)(17)(B)

Under this definition, a person's hand can be a deadly weapon if it is used in the requisite manner.

Section 1.07(a)(17)(B) treats a vehicle or a hand as a deadly weapon when its manner of use is capable of causing death or serious bodily injury.

Vasquez v. State · filed 2008-06-26(a)(17)(B)

A deadly weapon is "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." Tex. Penal Code Ann. § 1.07(a)(17)(B) (Vernon Supp. 2007). ... Because we hold that both the vehicle and Vasquez's hand constituted deadly weapons, we overrule Vasquez's second issue.

Section 1.07(a)(17) defines a deadly weapon to include an object capable of causing death or serious bodily injury in the manner it is used or intended to be used.

Daniel J. Peterson, D/B/A Chiarello Investments, D/B/A Home Equity lending.com v. County Line, Inc. James Houchins and G · filed 2008-07-30(a)(17)

Furthermore, there is no evidence that Jones did not use the straight razor in a manner capable of causing death or serious bodily injury. See Tex. Penal Code Ann. § 1.07(a)(17) (West Supp. 2007) (defining “deadly weapon” as “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury”).

A knife qualifies as a deadly weapon when its manner of use makes it capable of causing serious bodily injury, even if the actor does not intend that injury.

Arzola v. State · filed 2008-08-07(a)(17)(B)

It does not matter if Arzola intended for the serious bodily injury to result; what matters is that he used the knife in a way in which it would have been capable of serious bodily injury.

A knife qualifies as a deadly weapon under § 1.07(a)(17)(B) when the evidence shows it was capable of causing death or serious bodily injury in the manner of its use or intended use.

Rivera v. State · filed 2008-08-13(a)(17)(B)

Viewed in a neutral light, the evidence that Rivera's weapon was capable of causing serious bodily injury or death is so weak as to render the jury's verdict on that issue clearly wrong and manifestly unjust and we must sustain appellant's second issue.

A knife can be a deadly weapon under § 1.07(a)(17)(B) based on the manner of its use or intended use.

Wilford v. State · filed 2008-04-03(a)(17)(B)

The only evidence that the knife was a deadly weapon in the manner of its use or intended use was Lucas's testimony that appellant lunged at her with the knife, cutting her on the throat, then stabbed her in the breast, and then raised his arm as if to stab her again. See Tex. Penal Code Ann. § 1.07(a)(17)(B) (deadly weapon by use or intended use).

Under § 1.07(a)(17), a firearm is a deadly weapon even if it was not functioning at the time of the offense.

Nathan Darrell Neighbors A/K/A Nathann Hercules Neighbors v. State · filed 2008-06-12(a)(17)

Regardless, even if the gun was not functioning at the time of the robbery, it qualified as a firearm and thus a deadly weapon.

Section 1.07(a)(17)(B) allows a person’s hand to qualify as a deadly weapon when its manner of use is capable of causing serious bodily injury or death.

Augillard v. Tiffany Madura and Richard Toro · filed 2008-06-18(a)(17)(B)

Under this definition, a person’s hand can be a deadly weapon if it is used in the requisite manner.

An object can qualify as a deadly weapon if its use or intended use makes it capable of causing death or serious bodily injury.

Alpine v. State · filed 2008-06-12(a)(17)(B)

When considering the totality of the facts and testimony, we conclude that a rational jury could find beyond a reasonable doubt that the weapon in the manner of its use or intended use was capable of causing death or serious bodily injury.

Section 1.07(a)(17) defines a deadly weapon by whether its use or intended use is capable of causing death or serious bodily injury.

Jones v. State · filed 2008-07-30(a)(17)

Furthermore, there is no evidence that Jones did not use the straight razor in a manner capable of causing death or serious bodily injury. See Tex. Penal Code Ann. § 1.07(a)(17) (West Supp. 2007) (defining "deadly weapon" as "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury").

A sharp object is a deadly weapon if its manner of use or intended use makes it capable of causing death or serious bodily injury.

Garcia v. State · filed 2008-08-28(a)(17)(B)

The evidence at trial must have supported the conclusion that the sharp object in this case was capable of causing death or serious bodily injury due to the manner of its use.

Section 1.07(a)(17)(A) defines a firearm as a deadly weapon.

Velasquez v. State · filed 2008-08-29(a)(17)(A)

The Texas Penal Code defines a firearm as a deadly weapon.

A knife is a deadly weapon under § 1.07(a)(17)(B) when the manner of its use or intended use makes it capable of causing death or serious bodily injury.

Gardner v. State · filed 2008-10-02(a)(17)(B)

The evidence showed beyond a reasonable doubt that: (1) the butcher knife used by Lewis to stab Mills in the stomach was, in the manner of its use and intended use, capable of causing death or serious bodily injury and, thus, a deadly weapon; (2) that in the course of committing theft and with the intent to obtain or maintain control of property, Lewis intentionally or knowingly threatened or placed Mills in fear of imminent bodily injury or death by using or exhibiting the butcher knife as a deadly weapon; and (3) that Gardner acted with the intent to promote or assist Lewis's commission of aggravated robbery, and he aided or attempted to aid Lewis by telling Mills they were there to rob him, trying to knock him out, wanting to tie him up, trying to stab him, and taking Mills's laptop computer.

Section 1.07(a)(17) includes an object used in a manner capable of causing death or serious bodily injury within the definition of a deadly weapon.

Olivares v. State · filed 2008-11-10(a)(17)

When all of the evidence is reviewed in a neutral light and we consider the differences in the testimony of Janet and Jessica regarding the number of times they were struck with the air pump, the jury could rationally find in the manner of the use and intended use that the air pump was capable of causing the death or serious bodily injury to Janet.

Section 1.07(a)(17)(B) treats an object as a deadly weapon when the actor intends to use it in a way capable of causing death or serious bodily injury, even if neither result is intended or inflicted.

Grey v. State · filed 2008-11-14(a)(17)(B)

But the statutory definition of “deadly weapon” does not require that death or serious bodily injury be inflicted or even intended by the actor. ... An object is a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury.

A knife used to stab a person repeatedly in the head and body qualifies as a deadly weapon when its manner of use makes it capable of causing death or serious bodily injury.

Wingfield v. State · filed 2009-01-22(a)(17)(B)

After taking all of the evidence into consideration and using the factors from Brown as our guide, we hold that the evidence is legally sufficient to support the jury's finding that Wingfield's knife constituted a deadly weapon.

Section 1.07(a)(17)(A) classifies a firearm as a deadly weapon for purposes of aggravated assault.

Lesso v. State · filed 2009-04-09(a)(17)(A)

A firearm is a deadly weapon. Tex. Penal Code Ann. § 1.07(a)(17)(A) (Vernon Supp.2008). ... Viewing the evidence in a light most favorable to the verdict, a rational juror could have found that appellant committed aggravated assault by causing serious bodily injury to the complainant by using a firearm.

Section 1.07(17)(A) treats a firearm as a deadly weapon.

Lesso v. State · filed 2009-04-09(17)(A)

A person commits aggravated assault if the person commits assault as defined in Texas Penal Code section 22.01 and also uses or exhibits a deadly weapon during the commission of the assault. See Tex. Penal Code Ann. § 22.02(a)(2) (Vernon Supp. 2008). A firearm is a deadly weapon. Tex. Penal Code Ann. § 1.07(17)(A) (Vernon Supp. 2008).

A vehicle can qualify as a deadly weapon when the way it is driven is capable of causing death or serious bodily injury and actually endangers another person.

Woodall v. State · filed 2008-08-14(a)(17)(B)

This evidence of a near collision between Woodall’s vehicle and Meyer’s vehicle, when viewed in the light most favorable to the verdict, could lead a rational trier of fact to conclude beyond a reasonable doubt that Meyer was actually endangered by Woodall’s vehicle as he drove it while intoxicated. Thus, the evidence is legally sufficient to support the jury’s finding that Woodall used his vehicle as a deadly weapon during the course of committing the offense of felony driving while intoxicated.

A motor vehicle may qualify as a deadly weapon when its manner of use can cause death or serious bodily injury; a hypothetical risk to the public is insufficient.

Cantrell v. State · filed 2008-10-29(a)(17)(B)

A motor vehicle may become a deadly weapon if used in a manner capable of causing death or serious bodily injury. ... The evidence thus produced amounts to nothing more than a “hypothetical risk” to the driving public.

Section 1.07 defines a firearm as a deadly weapon.

Barboza v. State · filed 2008-08-29(a)(17)(A)

The Texas Penal Code defines a firearm as a deadly weapon.

A vehicle is a deadly weapon when the manner of its use is capable of causing death or serious bodily injury to someone actually endangered.

Martinez v. State · filed 2008-10-02(a)(17)(B)

His testimony supports a finding that appellant drove the vehicle in a manner capable of causing death or serious bodily injury to the officer.

A motor vehicle qualifies as a deadly weapon when its manner of use during a felony makes it capable of causing death or serious bodily injury.

Sierra, Antonio · filed 2009-04-01(a)(17)(B)

In making this determination in past cases involving a motor vehicle as a deadly weapon, we have divided this question into two parts: first, we evaluate the manner in which the defendant used the motor vehicle during the felony; and second, we consider whether, during the felony, the motor vehicle was capable of causing death or serious bodily injury.

Section 1.07(17) defines a firearm as a deadly weapon, so a jury finding that a firearm was used establishes a deadly weapon finding as a matter of law.

Henricks v. State · filed 2009-06-11(17)

An affirmative finding will arise as a matter of law when the jury finds that a firearm was used in the commission of the offense because a firearm is a deadly weapon per se.

A knife can qualify as a deadly weapon when its intended use is capable of causing serious bodily injury or death.

Voss v. State · filed 2009-06-11(a)(17)(B)

A rational jury could have concluded that this evidence affirmatively showed that the knife, in the manner of its intended use, was capable of causing serious bodily injury or death, and thus qualified as a deadly weapon.

Section 1.07(a)(17) defines a firearm as a deadly weapon.

Cedric Tyrone True v. State · filed 2009-06-18(a)(17)

By definition, therefore, a firearm is a deadly weapon.

Section 1.07 defines a knife as a deadly weapon when, in the manner of its use or intended use, it is capable of causing death or serious bodily injury.

Gosdin v. State · filed 2009-07-02(a)(17)(B)

Considering the evidence in the light most favorable to the prosecution, we hold that a rational trier of fact could have found beyond a reasonable doubt that Appellant’s knife was, in the manner of its use or intended use, capable of causing death or serious bodily injury and was, therefore, a deadly weapon.

A club used to strike a person’s head qualifies as a deadly weapon when its use is capable of causing serious bodily injury.

Mercer v. State · filed 2009-08-13(a)(17)

Not only was the club capable of causing serious bodily injury, it actually caused serious bodily injury, that is, “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

A deadly weapon need only be capable of causing death or serious bodily injury in the manner of its use; it need not actually cause either.

Gomez v. State · filed 2009-08-20(a)(17)(B)

By definition, a deadly weapon need not actually cause serious bodily injury or death in order to support a deadly weapon finding; it need only be capable of causing death or serious bodily injury in the manner of its use.

Section 1.07(a)(17) did not support a deadly weapon finding for the mother's ovaries, womb, and uterus in this termination order.

in the Interest of A. J. R., a Child · filed 2009-08-20(a)(17)

Because the State concedes that the trial court erred in ordering that Mary F. be surgically sterilized and in finding that her ovaries, womb, and uterus were deadly weapons, we delete that portion of the trial court's order requiring the surgical sterilization and the deadly weapon finding.

A knife qualifies as a deadly weapon when, in the manner of its use or intended use, it is capable of causing death or serious bodily injury.

Pena v. State · filed 2009-09-09(a)(17)(B)

We hold that the evidence as a whole, viewed in the light most favorable to the jury’s verdict, is sufficient to support a finding beyond a reasonable doubt that appellant, during the assault, used or exhibited a knife—either exhibit 59 or another knife—that, in the manner of its use or intended use, was capable of causing death or serious bodily injury.

Section 1.07(a)(17)(A) treats a firearm as a deadly weapon.

Hamid v. State · filed 2009-10-01(a)(17)(A)

A firearm is considered a deadly weapon.

Section 1.07(a)(17)(B) defines a deadly weapon to include anything capable of causing death in the manner it is used; a homicide verdict necessarily establishes such use.

Crumpton v. State · filed 2009-12-09(a)(17)(B)

Another reason is that a verdict of homicide necessarily is a finding that a deadly weapon was used. The statutory definition of "deadly weapon" includes " anything that in the manner of its use . . . is capable of causing death . . . ." Penal Code section 1.07(a)(17)(B).

A knife qualifies as a deadly weapon when its use or intended use makes it capable of causing death or serious bodily injury.

Denson v. State · filed 2009-12-10(a)(17)(B)

Viewing this evidence in the light most favorable to the prosecution, we hold that it is legally sufficient to show that the butcher knife was, in its use and intended use, capable of causing death or serious bodily injury; thus, the knife qualifies as a deadly weapon.