State v. Bachelor

Severs, Judge.

INTRODUCTION

This case has its inception in the bite that a bar bouncer, Todd R. Bachelor, took out of the nose of Paul Ellis. We are called upon to address, apparently for the first time in this state, whether parts of the human body, specifically teeth, can constitute dangerous instruments under Neb. Rev. Stat. § 28-309 (Reissue 1995), Nebraska’s second degree assault statute.

FACTUAL BACKGROUND

On November 18, 1992, Paul Ellis, a truckdriver from Washington State, was having his truck repaired in York, Nebraska, where he had decided to stay for the night at the U.S.A. Inn. Ellis…