Davidson v. State (1980)
In Davidson v. State, 602 S.W.2d 272, 273 (Tex.Cr.App. 1980), a grocery store employee observed Davidson shoplifting camera film. Id. at 273.
As Davidson left the store, the employee who observed the shoplifting, accompanied by two other employees, confronted him. Id.
Davidson turned the knife on one of the employees and said, "If you come any closer, I'm going to cut you." Id.
The employee pulled a cardboard box cutter from his pocket to defend himself, and Davidson turned and ran. Id.
Although the knife used in that case was not produced in evidence, the employee testified to the size of the knife and said he was placed in fear of death or imminent bodily injury. Id.
In reaching its holding, the Court noted that while the blade was two and one-half to three inches long, the victim was five or six feet away when appellant gestured at him with the knife and that appellant did not come closer but turned and ran away. Id. at 274.
Furthermore, the victim in that case qualified his testimony that he was in fear of death or imminent bodily injury by explaining that a friend of his had been previously hurt by a person with a screwdriver in an encounter in a parking lot. Id.
The court further acknowledged that the knife was not introduced into evidence and that the State had failed to establish the knife's potentiality for harm through the use of a weapons expert. Id.