Akbar v. State

In Akbar v. State, 660 S.W.2d 834 (Tex. App.--Eastland 1983, pet. ref'd), the defendant wrapped a towel around the neck of the victim and choked her until she "almost" blacked out. 660 S.W.2d at 835-36. The court found that it was common knowledge that the throat was a particularly vulnerable area of the body and that the jury could have drawn the inference of serious bodily injury from the fact that the victim almost blacked out. Id. at 836. In Akbar, there was no medical testimony on the question of serious bodily injury. Id. The court quoted the definition of strangling as "to compress the windpipe of until death" and to "choke to death by compressing the throat with or as if with a hand or rope." Id. The victim in Akbar was not killed so she could not have been "strangled" as the court was defining the term. The court was using the term as an illustration of the danger of choking someone.