State v. Tusing

LARSON, Justice.

The state has appealed from an order dismissing a charge of carrying a dangerous weapon, Iowa Code §§ 702.7; 724.4. The narrow issue presented is whether brass knuckles are “dangerous weapons” under the definition of section 702.7. We hold it is an issue for the fact-finder whether they are “capable of inflicting death” as required by the statutory definition. Accordingly we reverse the order of dismissal and remand.

While the defendant, Tusing, was being processed on a charge of OMVUI, police officers discovered a set of brass knuckles and charged him with carrying a dangerous…