Just got a guilty verdict from a jury of a mom charged with injury to a child (with SBI) by omission, failing to protect from dad who earlier pled guilty. After proper notice and proof, we also obtained in that verdict an answer to a special issue which found that a deadly weapon was used in the commission of the offense, to-wit: dad's hands.

Our judge is expressing doubts about putting the DW finding in the judgment and has asked for briefs. Any of you legal eagles have any ideas? Haven't researched it yet.

There was a case out of Fort Worth, where they got a DW finding in an omission case. Called Hill v. State.

Defendant failed to feed and kept victim from reaching food by chaining child to something. That was approved by the CCA.

So, just depends on the facts. Of course, party DW use or exhibition is also available.

I rather doubt if you are asking whether hands can qualify as deadly weapons, but if that is the source of the judge's hesitation, then cases like Vela, No. 13-03-102-CR (8/12/04) and Johnston, No. 03-03-426-CR (8/12/04)should help. Whether one person would recognize another's hands were going to be used as a deadly weapon is a more interesting question.