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Criminal Law Keyed to Gershowitz
Commonwealth v. Davis
Citation:
10 Mass.App.Ct. 190, 406 N.E.2d 417.Facts
On December 16, 1978, the defendant and the victim got in a fight, in the course of which the defendant bit off a piece of the victim’s left ear. The defendant was convicted for the crimes of mayhem and assault and battery by means of a dangerous weapon (his teeth). He appealed, arguing that his teeth should be excluded from consideration by the fact finder as instrumentalities which can be used as dangerous weapons.
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