People v. Buford, 244 N.W.2d 351 (Mich. Ct. App. 1976). · Go Syfert
People v. Buford, 244 N.W.2d 351 (Mich. Ct. App. 1976). Cases Citing This Book View Copy Cite
55 citation events (31 in the last 25 years) across 7 distinct courts.
Strongest positive: State v. Vetter (nd, 2013-01-28)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 12 distinct citers.
examined Cited as authority (verbatim quote) State v. Vetter (2×) also: Cited as authority (quoted)
N.D. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the only question left for us to review then is whether we can say that a boot by its very nature, as a matter of the law, can never be used as a dangerous weapon.
discussed Cited as authority (verbatim quote) Coppage v. State
N.D. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the only question left for us to review then is whether we can say that a boot by its very nature, as a matter of the law, can never be used as a dangerous weapon.
discussed Cited as authority (rule) Commonwealth v. Sexton
Mass. · 1997 · confidence medium
See United States v. Loman, 551 F.2d 164, 169 (7th Cir.), cert, denied, 433 U.S. 912 (1977) (walking stick); United States v. Johnson, 324 F.2d 264, 266 (4th Cir. 1963) (chair brought down upon victim’s head); People v. White, 212 Cal. App. 2d 464, 465 (1963) (a rock); Bennett v. State, 237 Md. 212, 216 (1964) (microphone cord wrapped around victim’s neck); People v. Buford, 69 Mich. App. 27, 30 (1976) (dictum) (automobile, broomstick, flashlight and lighter fluid may all be dangerous weapons as used).
discussed Cited as authority (rule) Commonwealth v. Davis
Mass. App. Ct. · 1980 · confidence medium
See Commonwealth v. Farrell, 322 Mass. 606, 615 (1948) (lighted cigarette); Commonwealth v. Tarrant, 2 Mass. App. Ct. 483, 486-487 (1974), S.C., 367 Mass. 411 (1975) (“kitchen-type” knife and German shepherd dog); Commonwealth v. LeBlanc, 3 Mass. App. Ct. 780 (1975) (automobile door used to strike police officer); United States v. Johnson, 324 F.2d 264, 266 (4th Cir. 1963) (chair brought down upon victim’s head); United States v. Loman, 551 F.2d 164, 169 (7th Cir.), cert. denied, 433 U.S. 912 (1977) (walking stick used with enough force to break it); People v. White, 212 Cal. App. 2d 464…
discussed Cited as authority (rule) Commonwealth v. Appleby (2×)
Mass. · 1980 · confidence medium
Therefore it is not dangerous per se. (b) Weapons which are not dangerous per se, but which may be used in a dangerous fashion, may also be “dangerous weapons.” See Farrell, supra (lighted cigarette); Commonwealth v. LeBlanc, 3 Mass. App. Ct. 780, 780 (1975) (automobile door used to strike police officer); Commonwealth v. Tarrant, 2 Mass. App. Ct. 483, 486-487 (1974) (“kitchen-type” knife and German shepherd dog may both be used as “dangerous weapons”), S. C., 367 Mass. 411 (1975); United States v. Loman, 551 F.2d 164, 169 (7th Cir.) (walking stick used with enough force to break i…
discussed Cited "see" 165544_66_01.Pdf
Mich. · 2024 · signal: see · confidence high
See Buford, 69 Mich App at 31-32 (holding that a boot can be a dangerous weapon); Hale, 96 Mich App at 345 (holding that a shoe can be a dangerous weapon when used in a dangerous manner, such as repeated kicks to a person’s groin).
examined Cited "see" D People of Michigan v. Evan Andrew Oslund (10×) also: Cited "see, e.g."
Mich. Ct. App. · 2023 · signal: see · confidence high
See People v Buford, 69 Mich App 27, 32 ; 244 NW2d 351 (1976) (analyzing whether a boot -1- was used as a weapon, not just whether it was used dangerously).1 To the extent that the trial court found sufficient evidence that the flip flop and tennis shoes were weapons, which is to say instruments of armed combat, it failed to make findings that EO was the juvenile who was armed during the assault as required by MCL 764.1f(2)(b).
discussed Cited "see" People of Michigan v. Evan Andrew Oslund
Mich. Ct. App. · 2023 · signal: see · confidence high
See People v Buford, 69 Mich App 27, 32 ; 244 NW2d 351 (1976) (holding that a boot can be a dangerous weapon); see also People v Hale, 96 Mich App 343, 345 ; 292 NW2d 204 (1980), vacated on other grounds 409 Mich 937 (1980) (holding that a shoe can be a dangerous weapon).
cited Cited "see" People of Michigan v. September Leggett
Mich. Ct. App. · 2018 · signal: see · confidence high
See People v Buford, 69 Mich App 27, 32 ; 244 NW2d 351 (1976); People v Kildow, 19 Mich App 194, 197 ; 172 NW2d 492 (1969).
cited Cited "see" People of Michigan v. September Leggett
Mich. Ct. App. · 2018 · signal: see · confidence high
See People v Buford, 69 Mich App 27, 32 ; 244 NW2d 351 (1976); People v Kildow, 19 Mich App 194, 197 ; 172 NW2d 492 (1969).
cited Cited "see" Commonwealth v. Cruzado
Mass. App. Ct. · 2009 · signal: see · confidence high
See People v. Buford, 69 Mich. App. 27, 30 (1976) (automobile may be dangerous weapon as used).
discussed Cited "see" People v. Bender
Mich. Ct. App. · 1983 · signal: accord · confidence high
Accord, People v Buford, 69 Mich App 27 ; 244 NW2d 351 (1976) (reaching the same result as to a boot); People v Ragland, 14 Mich App 425 ; 165 NW2d 639 (1968), lv den 383 Mich 781 (1970) (same result as to a flashlight).
People
v.
Buford
Docket 24590.
Michigan Court of Appeals.
May 18, 1976.
244 N.W.2d 351
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief, Appellate Division, for the people., Richard P. King, for defendant.
Burns, Brennan, Holbrook.
Cited by 21 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: North Dakota Supreme Court (1)
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[*29] 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 dangerous weapon, but they argue that a boot can be used as a dangerous weapon in certain situations. United States v Barber, 297 F Supp 917, 922-923 (D Del 1969), accord, People v Goolsby, 284 Mich 375, 378; 279 NW 867 (1938).

At trial evidence was produced indicating that the defendant struck the victim with his fists and knocked him to the floor. Then the defendant proceeded to "stomp” on the victim’s face several times with his booted feet rendering him unconscious. Further testimony revealed that the victim remained unconscious for several hours; spent four or five days in the hospital; and was off work for approximately three weeks as a hospital administrator.

The characteristic which distinguishes felonious assault from aggravated assault, MCLA 750.81a; MSA 28.276(1), and simple assault, MCLA 750.81; MSA 28.276, is that the assault in a felonious assault is committed with a dangerous weapon. People v Richard Johnson, 42 Mich App 544, 546; 202 NW2d 340 (1972). The felonious assault statute defines certain items as dangerous weapons. [1] In addition, the Legislature, realizing that it could not reasonably foresee every type of implement that could be used as a dangerous weapon and not wishing to exclude any, included an omnibus[*30] phrase "or other dangerous weapon” in the statute.

It is a given rule of statutory construction that criminal statutes are to be strictly construed. People v Goulding, 275 Mich 353, 358-359; 266 NW 378 (1936), People v Lee, 66 Mich App 5, 10; 238 NW2d 397 (1975). In line with this principle the defendant argues that under the doctrine of ejusdem generis the phrase "or other dangerous weapon” should be construed to mean "or other dangerous weapon designed as a weapon”.

However, the Supreme Court has rejected this construction of the phrase. People v Goolsby, supra at 379. In that case the Court stated that the enumerated weapons in the statute were to be considered per se dangerous, but that other objects could be considered to be , dangerous weapons within the felonious assault statute if they were used in a dangerous manner. People v Goolsby, supra at 378. Consequently, even if we were disposed to accept the defendant’s argument on this point, we are bound by a Supreme Court holding to the contrary. Ferguson v Gonyaw, 64 Mich App 685, 694; 236 NW2d 543 (1975). The only question left for us to review then is whether we can say that a boot by its very nature, as a matter of the law, can never be used as a dangerous weapon.

The appellate courts of this state have not confronted this precise issue before. We have held that an automobile may be a dangerous weapon, People v Goolsby, supra at 378-379; just as we have stated that a broomstick may be. People v Knapp, 34 Mich App 325, 333-334; 191 NW2d 155 (1971). We have also held a flashlight may be a dangerous weapon, People v Ragland, 14 Mich App 425, 426-427; 165 NW2d 639 (1968), as well as lighter fluid. People v Morgan, 50 Mich App 288, 292-293; 213 NW2d 276 (1973).

[*31] These objects though bear a totally different relationship to a person than does a boot. A boot is an item of wearing apparel and, as such, is more of an extension of, or part of, a person’s body than for example, a broomstick. For this reason, we must reject any reliance by analogy on the cases cited in the previous paragraph.

Since the case law of Michigan fails to provide us with any firm guidance in answering this question, we now turn to an examination of how our sister-state appellate courts have resolved this issue. In analyzing the cases from other jurisdictions, we have been careful to note the variations in the relevant statutory language. See, e.g., Alas Stat 11.15.220, Ark Stat Ann 41:1601(a), replacing 41:605, Cal Penal Code 245(a), Fla Stat Ann 784.021(1)(a), Minn Stat Ann 609.225(2), NY Penal Law 120.10(1), Okla Stat Ann 21:645.

Our research has discovered only two jurisdictions that have ruled that an assault with a booted foot cannot be an assault with a dangerous weapon. Wilson v State, [Ark] supra, Reed v Commonwealth, 248 SW2d 911 (Ky App, 1952). On the other hand, we have been unable to discover any jurisdictions which hold that an assault with a booted foot is always an assault with a dangerous weapon. See Annotation: Kicking as Aggravated Assault, or Assault with Dangerous or Deadly Weapon, 33 ALR3d 922, 924-925.

By far the majority of states that have considered the question have held that in certain circumstances a booted foot may be a dangerous weapon. In determining if a booted foot is a dangerous weapon within the statute, the courts have looked at the nature of the footwear and the manner in which the boot was used to injure the victim. Berfield v State, 458 P2d 1008, 1009 (Alas, 1969),[*32] People v Rumaner, 45 App Div 2d 290, 292; 357 NYS2d 735, 737 (1974), Orrill v State, 509 P2d 930, 931-932 (Okla Crim App, 1973). They also take into account the severity of the injuries received by the victim. State v Born, 280 Minn 306, 307; 159 NW2d 283, 284; 33 ALR3d 919 (1968), Orrill v State, supra at 932.

We agree with the majority of our sister states that a boot may be used as a dangerous weapon. Since it can be a dangerous weapon, whether it was in fact used as a dangerous weapon is a question for the jury to determine as the finder of fact. People v Ragland, supra at 426. The trial court was correct in instructing the jury that the boot was neither a dangerous weapon per se nor incapable of being a dangerous weapon.

Affirmed.

1

The statute lists guns, revolvers, pistols, knives, iron bars, clubs and brass knuckles as dangerous weapons. MCLA 750.82; MSA 28.277.