Commonwealth v. Davis
Appeals Court of Massachusetts
406 N.E.2d 417 (1980)
Relevant factsFree
During a barroom brawl, Davis (defendant) bit off part of his opponent's ear, and the Commonwealth prosecuted him for assault and battery "by means of a dangerous weapon," identifying his teeth as the weapon; the trial judge denied his motion for a directed verdict arguing human teeth can't be a dangerous weapon, and the jury convicted him.
IssueFree
Whether a dangerous weapon is either an object that is dangerous per se or an object that can be used in a dangerous fashion to inflict serious bodily harm.