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PEOPLE v. KAY

Docket No. 63615.

121 Mich. App. 438 (1982)

328 N.W.2d 424

PEOPLE v. KAY

Michigan Court of Appeals.

Decided November 17, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Steven L. Pence, Prosecuting Attorney, and Mary C. Smith, Assistant Attorney General, for the people.

Davis, Olsen & Filoramo (by John R. Filoramo), for defendant on appeal.

Before: D.F. WALSH, P.J., and ALLEN and M.F. CAVANAGH, JJ.

ALLEN, J.

We are asked to decide the question of first impression of whether a dog may be a dangerous weapon within the meaning of MCL 750.82; MSA 28.277. Relying on Commonwealth v Tarrant, 2 Mass App 483; 314 N.E.2d 448 (1974), the trial court answered that question in the affirmative and on February 22, 1982, defendant was found guilty by a jury of one count of assault with a dangerous weapon. Sentenced April 1, 1982, to...

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