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05/18/76 PEOPLE v. BUFORD

May 18, 1976

PEOPLE
v.
BUFORD



Appeal from Genesee, Ollie B. Bivins, Jr., J.

T. M. Burns, P. J., and V. J. Brennan and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Assault and Battery -- Felonious Assault -- Aggravated Assault -- Simple Assault -- Dangerous Weapons -- Statutes.

The characteristic which distinguishes felonious assault from aggravated assault and simple assault is that the assault in a felonious assault is committed with a dangerous weapon (MCLA 750.81, 750.81, 750.82; MSA 28.276, 28.276[1], 28.277).

2. -- Statutory Construction.

Criminal statutes are to be strictly construed.

3. Assault and Battery -- Felonious Assault -- Dangerous Weapons -- Enumerated Weapons -- Statutes.

The phrase "or other dangerous weapons" which appears in the felonious assault statute immediately after a listing of certain items as dangerous weapons has been construed by the Supreme Court to mean that objects not normally considered to be weapons may be considered dangerous weapons within the felonious assault statute if they are used in a dangerous manner (MCLA 750.82; MSA 28.277).

4. Assault and Battery -- Felonious Assault -- Dangerous Weapons -- Statutes.

The Michigan appellate courts have held the following to be dangerous weapons for purposes of the felonious assault statute: an automobile, a broomstick, a flashlight, and lighter fluid (MCLA 750.82; MSA 28.277).

5. Assault and Battery -- Felonious Assault -- Dangerous Weapons -- Boots -- Nature of Footwear -- Manner of Use -- Severity of Injuries -- Statutes.

A boot may be used as a dangerous weapon; and, the courts, when determining whether a booted foot is a dangerous weapon within the felonious assault statute, should look at the nature of the footwear, the manner in which the boot was used to injure the victim, and the severity of the injuries received by the victim (MCLA 750.82; MSA 28.277).

6. Assault and Battery -- Felonious Assault -- Dangerous Weapons -- Jury Questions -- Statutes.

It is a question for the jury, as the finder of fact, to determine whether a boot was in fact used as a dangerous weapon under the felonious ...


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