PEOPLE v. NEALIS

Docket No. 28410.

232 Cal.App.3d Supp. 1 (1991)

283 Cal. Rptr. 376

THE PEOPLE, Plaintiff and Respondent, v. MARIE ANN NEALIS, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

April 11, 1991.


Attorney(s) appearing for the Case

COUNSEL

Udovic & Chavez and E. Thomas Chavez for Defendant and Appellant.

Ira Reiner, District Attorney, Donald J. Kaplan and Patrick D. Moran, Deputy District Attorneys, for Plaintiff and Respondent.


OPINION

ROBERSON, P.J.

Appellant was convicted after jury trial of battery (Pen. Code, § 242) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The main issue raised in this appeal is whether, as a matter of law, a dog may ever be considered a "deadly weapon or instrument," within the meaning of Penal Code section 245, California's statute proscribing...

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