Boes v. State
In Boes v. State, No. 03-03-00326-CR (Tex. App.--Austin July 29, 2004, no pet.) (mem. op., not designated for publication), a police officer testified that he saw Boes accelerate and "momentarily lose control of his vehicle" at an intersection.
Although there was another vehicle behind Boes at the intersection, there was no evidence, even when viewing the facts in the light most favorable to the verdict, that the driver of the other vehicle was endangered by Boes's loss of control at the intersection or that the other driver had to take evasive action to avoid an accident. Id.
Accordingly, the Court concluded that the evidence regarding the vehicle's "capability" of causing death or serious bodily injury "merely raises conjecture about what might have happened had the facts been different than they were" and was, therefore, legally insufficient to support the jury's deadly weapon finding. Id.