Commonwealth v. Henson
Massachusetts Supreme Court
259 N.E.2d 769 (1970)
Relevant factsFree
Henson (defendant) pointed a gun he knew was loaded only with blanks at an off-duty police officer and later exchanged gunfire with him as the officer tried to stop him from leaving a gas station; Henson was convicted of assault by means of a dangerous weapon and argued on appeal that because the gun couldn't actually fire live ammunition, he couldn't have committed a battery and therefore couldn't be guilty of assault with a dangerous weapon.
IssueFree
Whether a defendant's undisclosed inability to commit a battery is a defense to the crime of assault.