Carter v. State (1997)
In Carter v. State, 946 S.W.2d 507, 510 (Tex. App.--Houston 14th Dist. 1997, pet. ref'd), the State alleged in the indictment that a deadly weapon, specifically, a firearm, was used in the offense.
The victims testified that the defendant used a "gun," and that he threatened to shoot them if they did not comply with his demands. Id. at 511.
Additionally, the victims identified a .25 caliber automatic pistol as being the type of gun that appellant used to threaten them. Id.
Based on this evidence, the court of appeals held that the evidence was legally sufficient to show that a firearm was used in the commission of the offense. Id.