People v. Stevens

The question presented by the defendant’s application for leave to appeal is whether a totally inoperable pistol can constitute a "dangerous weapon” so as to support a conviction of felonious assault under MCL 750.82; MSA 28.277. We hold that it cannot.

I

The defendant, while a passenger in a car, pointed a starter pistol at the occupants of another vehicle after an exchange of insults. He was charged under MCL 750.82; MSA 28.277:

"Any person who shall assault another with a gun, revolver, pistol, knife, iron bar, club, brass knuckles or other dangerous weapon, but without intending to commit…