Commonwealth v. Davis

406 N.E.2d 417 (1980)

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Nature of the Case

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Facts

D and the victim quarreled at the 'Diamond Mine' Lounge. A fight erupted and D bit off a piece of the victim's left ear. D was indicted for the crimes of mayhem ( G. L. c. 265, § 14), and assault and battery by means of a dangerous weapon 'to wit, teeth' ( G. L. c. 265, § 15A). D claimed that teeth cannot constitute a dangerous weapon and moved for a directed verdict. It was denied and D was convicted and appealed.