Mixon v. State

In Mixon v. State, 781 S.W.2d 345, 346 (Tex. App.-Houston [14th Dist.] 1989), aff'd, 804 S.W.2d 107 (Tex. Crim. App. 1991), the court held that where the indictment specifically alleged that the appellant "used and exhibited a deadly weapon" to strangle the complainant and "did cause the death of the complainant" by strangling her, such allegations gave the appellant sufficient notice that use of a deadly weapon would be a fact question in his prosecution. Id. The court further held that a deadly weapon finding was not precluded simply by the fact that the weapon is not specifically known. Id.