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Posted on 8/26/11 at 3:36 pm to GregMaddux
Depends on if the toe is made of steel or not.
Posted on 8/26/11 at 3:46 pm to GregMaddux
quote:
Is it true that if you kick some one with a shoe on, it can be considered a deadly weapon?
Short answer. Yes, but a dangerous weapon.
quote:
State v. Munoz, 575 So.2d 548 (La.App. 5 Cir. 1991) Rubber-soled tennis shoe which defendant was wearing when he kicked his victim constituted a “dangerous weapon” for purposes of committing aggravated battery; eyewitness testified that defendant kicked victim in head so forcefully that impact lifted victim's body off ground and physician who operated on victim characterized victim's attack as brutal.
quote:
State v. Taylor, 485 So.2d 117 (La.App. 2 Cir. 1986) (1) tennis shoe was deadly weapon for purposes of aggravated battery offense; (2) sufficient evidence supported finding that defendant stomped victim about the head and in the face while wearing shoes; (3) conduct did not constitute self-defense or defense of others; and (4) three-year sentence at hard labor and fine of $5,000 was not excessive...Tennis shoe was dangerous weapon for purposes of aggravated battery offense where defendant kicked and stomped victim in the face and about the head while defendant's cousin and third-party held victim down, victim was bleeding profusely from his nose and mouth, and defendant used his shoes in manner calculated to produce great bodily harm.
But every case is unique depending on its facts.
This post was edited on 8/26/11 at 3:51 pm
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