The Law School Authority

People v. Owususu Case Brief

Summary of People v. Owususu

Facts:   D is charged with 13 criminal counts, 4 of which have the aggravating factor that the defendant used or threatened to use a dangerous instrument. The D forced his way into his estranged wife’s apartment and became embroiled in a fight with another man. During the fight, the D bit the victim’s finger so severely that the nerves were severed.

Issue:  Do a Defendants Teeth constitute a dangerous intrument?

Holding:  NO.

Rationale: Neither the legislature nor the courts have classified a person’s hands, teeth, nor other body part as a dangerous weapon or instrument. The law was established to include items such as a crowbar, blackjack, brass knuckles etc., but not anything on the body.

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