DANGEROUS WEAPON. One dangerous to life. Cosby v. Com., 115 Ky. 221, 72 S. W. 1089. One likely to produce death. State v. Johns, 6 Pennewill (Del.) 174, 65 Atl. 763; or great bodily injury ; People v. Fuqua, 58 Cal. 245. This must often depend upon the manner of using it ; Hunt v. State, 6 Tex. App. 663; and the question should go to the jury. A distinction is made between a dan gerous and a deadly weapon ; United States v. Small, 2 Curt. 241, Fed. Cas. No. 16,314. It is said to be anything with which death can be easily and readily produced, with a reference to the manner in which it was used and the part of the body upon which the blow was struck with it; Acers v. U. S., 164 U. S. 388, 17 Sup. Ct. 91, 41 L. Ed. 481. "The following have been held to be deadly weap ons : A chisel ; Com. v. Branham, 8 Bush (Ky.) 387; a heavy iron weight or other ponderous' instrument ; State v. West, 51 N. C. 506; Killer v. Corn., 124 Pa. 92, 16 Atl. 495; McReynolds v. State, 4 Tex. App. 327; a sledgehammer ; Philpot v. Com.. 86 Ky. 595, 6 S. W. 455 ; a heavy pistol used as a bludgeon; Prior v. State, 41 Ga. 155; a club; State v. Phillips, 104 N. C. 786, 10 S. E. 463; a piece of timber ; State v. Alfred, 44 La. Ann. 582, 10 South. 887; a pocket knife; State v. Scott, 39 La. Ann. 943, 3 South. 83; a razor ; Scott v. State, 42 Tex. Cr. R. 607, 62 S. W. 419 ; an axe; Dollarhide v. U. S., Morris (Ia.) 233, 39 Am. Dec. 460; State v. Shields, 110 N. C. 497, 14 S. E. 779; but where its size, weight, character and kind are not shown, it is held that it cannot be so regarded ; Melton v. State, 30 Tex. App. 273, 17 S. W. 257; Gladney v. State (Tex.) 12 S. W. 868. A jacknife may be a danger ous weapon in fact, but whether it was such as matter of law was not decided; Com. v. O'Brien, 119 Mass. 342, 20 Am. Rep. 325. A heavy oak stick, three feet long and an inch thick, is a dangerous weapon but not a "deadly" weapon In the sense that from the use of it alone an attack would be as matter of law an aggravated assault under a Texas statute; Pinson v. State, 23 Tex. 579. See Aims ; WEAPONS. And to the same effect, People v. Perales, 141 Cal. 581, 75 Pac. 170; Renon v. State, 56 Tex. Cr. R. 343, 120 S. W. 174; Taylor v. State, 108 Ga. 384, 34 S. E. 2; Kelly v. State, 68 Miss. 343, 8 South. 745.
In one way it may be true that sticks or clubs are not deadly weapons. Carrying them does not import any hostile intent, nor, even in view of an expected affray, a design to take life. But when a fight is actually
going on, they may become weapons of a very deadly character; Allen V. U. S., 157 U. S. 675, 15 Sup. Ct. 720, 39 L. Ed. 854. When its size and the manner of its use is shown, it may be left to the jury to say whether a stick or club or piece of plank is a deadly weapon of a character likely to produce death or great bodily harm; State v. Nueslein, 25 Mo. 111; Allen v. State, 148 Ala. 588, 42 South. 1006; State v. Brown, 67 Ia. 289, 25 N. W. 248. A weapon cannot be said as a matter of law to be 'deadly, without reference to the manner of its use; Crow v. State, 55 Tex. Cr. R. 200, 116 S. W. 52, 21 L. R. A. (N. S.) 497, where a baseball bat is held not to be per se a deadly weapon, though it has been said, if viciously used, it would probably be so considered ; State v. Brown, 67 Ia. 289, 25 N. W. 248. A piece of gas pipe 4 feet long and weighing about 4 pounds was held a deadly weapon per se ; State v. Drumm, 156 Mo. 216, 56 S. W. 1086 ; as was a hoe ; Hamilton v. People, 113 Ill. 34, 55 Am. Rep. 396; Krchnavy v. State, 43 Neb. 337, 61 N. W. 628; a pitchfork ; Evans v. Com., 12 S. W. 767, 11 Ky. L. Rep. 551. a stone may be; State v. Wilson, 16 Mo. App. 550; North Carolina v. Gosnell, 74 Fed. 734. Whether a rock used for a missile was a deadly weapon was held to be for the jury ; State v. Shipley, 174 Mo. 512, 74 S. W. 612; Tribble v. State, 145 Ala. 23, 40 South. 938; but in State v. Speaks, 94 N. C. 865, the ques tion was said to be one of law. An indict ment for assault with a deadly weapon, to wit, a brick, sufficiently charges the use of a deadly weapon; State v. Sims, 80 Miss. 381, 31 South. 907. But it was held that whether a brickbat is a deadly weapon is for the ju ry; State v. Harper, 69 Mo. 425. Pushing a pin down the throat of an infant is a kilLiu with a deadly weapon ; State v. Norwood, 115 N. C. 789, 20 S. E. 712, 44 Am. St. Rep. 498. A stocking loaded with salt and plaster which had been hardened by wetting; used by a prisoner in assaulting his jailer while attempting to escape, may be found by the jury to be a deadly weapon ; People v. Val liere, 123 Cal, 576, 56 Pac. 433. And one May be found guilty of an assault with a deadly weapon who has placed a tin box filled with gunpowder in the stove of the prosecuting witness, where it exploded; Peo ple v. Pape, 66 Cal. 366, 5 Pac. 621. See Crow v. State, 55 Tex. Cr. R. 200, 116 S. W. 52, 21 L R. A. (N. S.) 497.