Alvarez v. State (1978)

In Alvarez v. State, 566 S.W.2d 612 (Tex. Crim. App. Panel Op. 1978), a police officer attempting to break up a fight ordered all the participants to drop their weapons. Id. at 613. Alvarez, who was holding a wooden-handled hook-type linoleum knife, refused to cooperate. Id. He advanced to within three or four feet from the officer, at which time the officer pointed his service revolver at Alvarez and ordered him again to drop the knife. Id. Alvarez then took a swing at the officer with the knife, and the officer responded by shooting Alvarez in the leg. Id. Alvarez continued to advance until the officer informed him that he (the officer) was going to have to kill Alvarez, at which time, Alvarez surrendered. Id. at 614. The Court held there was insufficient evidence that the linoleum knife was capable of causing death or serious bodily injury. Id.