Ashcraft v. State

In Ashcraft v. State, No. 03-07-00237-CR (Tex. App.--Austin Feb. 21, 2008, pet. ref'd) (not designated for publication), Ashcraft had stabbed the victim in the back four times using a pocket knife with a two-inch blade. The knife was never recovered. Id. The victim's wounds were not serious, but required hospital treatment. Id. Two wounds were close to the victim's spine; the "jury could have reasonably inferred that, but for luck, the injuries inflicted by Ashcraft might have been much worse." Id. The jury could also "conclude that a knife long enough and sharp enough to penetrate a body as deeply as 5 centimeters, when used to repeatedly stab a person in the back during a close physical struggle, is capable of causing serious bodily injury." Id. The Austin Court found the evidence legally and factually sufficient to support a deadly weapon finding. See id.