People v. Buford

D. E. Holbrook, Jr., J.

Defendant was convicted by a jury of felonious assault. MCLA 750.82; MSA 28.277. He received a sentence of 2-1/2 to 4 years in prison. Defendant appeals as of right.

The defendant’s only claim of error on appeal is that the trial court erred in submitting the issue of what. constitutes a dangerous weapon to the jury. It is the defendant’s contention that as a matter of law a boot cannot be a dangerous weapon within the meaning of the felonious assault statute. Wilson v State, 162 Ark 494; 258 SW 972; 33 ALR 1182 (1924). The people concede that a boot is not legally a…