Blanson v. State

In Blanson v. State, 107 S.W.3d 103, 105 (Tex. App.--Texarkana 2003, no pet.), the defendant held a closed pocketknife and the parties disputed that it constituted a deadly weapon because of the manner or intended manner of its use. Id. at 105-06. The jury charge resulted in egregious harm because the jury was authorized to convict if it found that the accused possessed a knife without requiring proof of the knife's capability to cause imminent bodily injury or death in the way it was used. Id. at 106.