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Dominique v. State, 598 S.W.2d 285

Facts

The case involves appellants Dominique and Mims, who were convicted of aggravated robbery. During the incident, a security supervisor, Ellis Fairchild, was threatened by a boy named Tim Hansen, who held a sharp instrument to Fairchild's throat and demanded money. Fairchild sustained minor injuries, and Hansen testified that the weapon was a pair of suture scissors. Both appellants were identified as participants in the robbery.

Ellis Fairchild, a security supervisor at the Gatesville School for Boys, testified that he had transported a number of boys from one of the Gatesville units to the infirmary. He was returning four of the boys, including the appellants, to their unit in a van when one, a boy named Tim Hansen, grabbed him around the neck. Fairchild felt a sharp instrument at his throat and heard Hansen say, “Give it to me or I'll kill you.”

Issue

Did the evidence sufficiently prove that the scissors used in the robbery constituted a deadly weapon, and was there reversible error in the trial court's refusal to submit a jury instruction regarding the wounds inflicted?

Both appellants challenge the sufficiency of the evidence to prove the allegation that they used and exhibited a deadly weapon.

Rule

A weapon's classification as a deadly weapon is determined by its use and intended use, and the nature of inflicted wounds is a factor but not a prerequisite for such classification.

In Hubbard v. State, 579 S.W.2d 930 (Tex.Cr.App.1979), we held that one must look to the weapon's use and intended use to determine if it is a deadly weapon.

Analysis

The court applied the rule by examining the manner in which the scissors were used during the robbery. The threat to kill Fairchild while holding the sharp object to his neck, along with slashing motions, provided sufficient evidence to classify the scissors as a deadly weapon. The court also noted that the extent of injury is merely a factor to consider, not a necessary condition for determining whether an object is a deadly weapon.

We hold that holding the sharp object to Fairchild's neck accompanied by a threat to kill and, later, slashing motions with that instrument is sufficient evidence to sustain a finding that the scissors, in the manner of their intended use, constituted a deadly weapon.

Conclusion

The court affirmed the convictions, concluding that the evidence supported the finding that the scissors were a deadly weapon and that there was no reversible error in the trial court's jury instructions.

The judgment is affirmed.

Who won?

The State prevailed in the case, as the court found sufficient evidence to support the conviction and ruled that the trial court's decisions were appropriate.

The State prevailed in the case, as the court found sufficient evidence to support the conviction and ruled that the trial court's decisions were appropriate.

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