State v. Mitchell, 84-966
| Decision Date | 28 May 1985 |
| Docket Number | No. 84-966,84-966 |
| Citation | 371 N.W.2d 432 |
| Parties | STATE of Iowa, Plaintiff-Appellee, v. Terry MITCHELL, Defendant-Appellant. |
| Court | Iowa Court of Appeals |
Fern S. Shupeck, Asst. Appellate Defender, for defendant-appellant.
Thomas J. Miller, Atty. Gen., and Lona Hansen, Asst. Atty. Gen., for plaintiff-appellee.
Heard by OXBERGER, C.J., and DONIELSON, and HAYDEN, JJ.
This court is asked to consider in the defendant's appeal whether the martial arts weapon known as "nunchakus" is a dangerous weapon as defined in section 702.7 of our Code. We conclude that the evidence presented at defendant's trial was sufficient to allow the fact finder to decide nunchakus are dangerous weapons.
We initially note that in order to prevail in his claim the defendant must show that in viewing the evidence in the light most favorable to the State the verdict is not supported by sufficient evidence. State v. Robinson, 288 N.W.2d 337, 338 (Iowa 1980). Evidence is sufficient when there is substantial evidence from which a rational fact finder could determine defendant is guilty of the crime beyond a reasonable doubt. Id., at 339.
The defendant was arrested on December 17, 1983, for public intoxication and carrying a weapon, after police found a pair of nunchakus inside defendant's coat. A jury convicted defendant of carrying a dangerous weapon in violation of section 724.4 of the Code. A dangerous weapon is defined in our Code as follows:
A "dangerous weapon" is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, or knife having a blade of three inches or longer in length.
Iowa Code § 702.7 (1985). A two-part test has been set out to determine if an instrument is a dangerous weapon when not enumerated in the Code or actually used or intended to be used as a dangerous weapon. In State v. Tusing, 344 N.W.2d 253, 255 (Iowa 1984) the court stated an object is a dangerous weapon regardless of its use or intended use if: (1) it is designed to inflict death or injury, and; (2) is actually capable of inflicting death on a human being.
The defendant concedes that the State's expert established the first part of the Tusing test. The expert indicated nunchakus are two sticks connected by a short rope or chain and were originally developed in the 14th or 15th century by Asian farmers to thresh grain. The device survives today only as a weapon. The defendant argues, however, that a person must be skilled in the use of nunchakus in order for the sticks to be capable of inflicting death. Since the State never established defendant was trained in the use of nunchakus, he contends there is insufficient proof they were "capable of inflicting death." Id.
The State's expert was asked to describe the various methods of using nunchakus and explained the maneuvers as follows:
If you have the opportunity to use these I would have to say that the striking or sending it into motion would have probably the greatest impact. There are a number of things that you can do that would cause...
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