STATE v. TUSING

No. 83-665.

344 N.W.2d 253 (1984)

STATE of Iowa, Appellant, v. Hank Edward TUSING, Appellee.

Supreme Court of Iowa.

February 15, 1984.


Attorney(s) appearing for the Case

Gerald N. Partridge, County Atty., for appellant.

Michael R. Mullins, of Day & Meeker, Washington, for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and CARTER, JJ.


LARSON, Justice.

The state has appealed from an order dismissing a charge of carrying a dangerous weapon, Iowa Code §§ 702.7; 724.4. The narrow issue presented is whether brass knuckles are "dangerous weapons" under the definition of section 702.7. We hold it is an issue for the fact-finder whether they are "capable of inflicting death" as required by the statutory definition. Accordingly we reverse the order...

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