State v. Wiggins

WHICHARD, Judge.

Defendant contends the court erred by instructing that the box cutter used in the robbery was a dangerous weapon per se. He argues that whether the weapon was dangerous was for the jury to determine. We disagree.

Since a dangerous weapon is synonymous with a deadly one, cases resolving whether a particular weapon was deadly per se are relevant. State v. Mullen, 47 N.C. App. 667, 668, 267 S.E. 2d 564, 565, disc. rev. denied, 301 N.C. 103, 273 S.E. 2d 308 (1980). A dangerous or deadly weapon “is generally defined as any article, instrument or substance which is likely to produce…