The Defendant and his roommate got into an argument. The Defendant then lit a cigarette and used
Question:
The Defendant and his roommate got into an argument. The Defendant then lit a cigarette and used it to burn his roommate's arm by holding him down and thrusting the cigarette into his arm eight times. Held: The Defendant is guilty of assualt and battery with a dangerous weapon.
An assualt and battery with a dangerous weapon is a criminal battery inflicted with an inherently dangerous weapon, or an object used as a weapon in a dangerous or potentially dangerous way. Some inherently dangerous objects, such as a gun or knife, designed to inflict serious bodily harm or death, are inherently dangerous weapons. Other objects may still be considered dangerous if they are used in a dangerous or potentially dangerous manner. Considering the manner that the lighted cigarette was handled and controlled by the Defendant, and the violent circumstances of the assualt, we hold that the lighted cigarette was used as a dangerous weapon. Therefore, the Defendant is liable for assualt and battery with a dangerous weapon.
a. What are the critical facts of the opinion?
b. What is the reasoning of the court?
c. What is the holding of the court?
Your client is charged with assualt and battery with a dangerous weapon. Your client was looking for a parking space in front of a store. She saw an empty parking space and signaled with her directional to indicate that she was intending to pull into the space. Just before your client pulled into the space, another driver cut in front of your client with her car and drove into the parking space. Your client then got out of her car and began to argue with the other driver. A scuffle ensured. Your client poked the other driver's eyes with her car keys.
d. Draft the Defendant's argument analyzing whether the court should hold the car keys are not a dangerous weapon.
e. Draft the prosecutor's argument analyzing whether the court should hold that car keys are a dangerous weapon.
Expert Answer:
Answer a Critical facts of the opinion The Defendant and his roommate got into an argument The Defendant lit a cigarette and used it to burn his roomm... View the full answer
