Commonwealth v. Davis

10 Mass.App.Ct. 190, 406 N.E.2d 417 (1980)

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Commonwealth v. Davis

Appeals Court of Massachusetts
10 Mass.App.Ct. 190, 406 N.E.2d 417 (1980)

RW

Facts

In the course of a barroom brawl, Davis (defendant) bit off a piece of his antagonist's ear. The Commonwealth of Massachusetts (plaintiff) prosecuted Davis for assault and battery "by means of a dangerous weapon," which the indictment identified as Davis's teeth. At trial, Davis moved for a directed verdict, on the grounds that human teeth cannot constitute a dangerous weapon. After the judge denied Davis's motion, the jury convicted Davis and he appealed to the Appeals Court of Massachusetts.

Rule of Law

Issue

Holding and Reasoning (Greaney, J.)

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