context: The majority also cites cases from other jurisdictions concerning air guns, but these do little to support the conclusion that it is common knowledge that air guns are designed for violence to humans. In cases cited by the majority wherein the definition of deadly weapon applied by the courts actually did include a requirement that the item was designed, made or adapted to cause death or serious injury and the factor was determinative, those cases are not persuasive in that one court never discussed the application of this standard, and the others provided only a cursory analysis of the issue.
citation_a.signal: see also
citation_a.identifier: 698 So. 2d 555, 560-62
citation_a.parenthetical: unclear whether air gun was found to be deadly weapon or dangerous instrument when conviction was affirmed after court assessed likelihood of injury from reasonable victim's point of view and air gun used to threaten
citation_a.sentence: See McCaskill v. State, 648 So. 2d 1175, 1178 (Ala. Crim. App. 1994) (concluding that BB gun could be deadly weapon, defined by statute, to include anything “ ‘manifestly designed, made or adapted for the purposes of inflicting death or serious physical injury,’ ” because it can cause serious injury to eye); State v. Cordova, 198 Ariz. 242, 243, 8 P.3d 1156 (App. 1999) (because pellet gun uses carbon dioxide cartridges to propel pellets and jury had opportunity to view pellet gun during its deliberations, evidence sufficient to establish air gun was deadly weapon when “deadly weapon” defined to include anything designed for lethal use, including “firearm,” which was defined by Arizona Revised Statutes § 13-105 [17] as “any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of expanding gases”); Campbell v. State, 577 S.W.2d 493, 495-96 (Tex. Crim. App. 1979) (because air gun designed to fire .22 caliber projectile was capable of causing death of human being if fired at close range and gun was pointed at close range during robbery, it was found to be deadly weapon capable of causing serious injury and designed for that purpose); see also Mitchell v. State, 698 So. 2d 555, 560-62 (Fla. App. 1997) (unclear whether air gun was found to be deadly weapon or dangerous instrument when conviction was affirmed after court assessed likelihood of injury from reasonable victim’s point of view and air gun used to threaten).
citation_b.signal: see
citation_b.parenthetical: because pellet gun uses carbon dioxide cartridges to propel pellets and jury had opportunity to view pellet gun during its deliberations, evidence sufficient to establish air gun was deadly weapon when "deadly weapon" defined to include anything designed for lethal use, including "firearm," which was defined by Arizona Revised Statutes SS 13-105 [17] as "any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of expanding gases"
citation_b.sentence: See McCaskill v. State, 648 So. 2d 1175, 1178 (Ala. Crim. App. 1994) (concluding that BB gun could be deadly weapon, defined by statute, to include anything “ ‘manifestly designed, made or adapted for the purposes of inflicting death or serious physical injury,’ ” because it can cause serious injury to eye); State v. Cordova, 198 Ariz. 242, 243, 8 P.3d 1156 (App. 1999) (because pellet gun uses carbon dioxide cartridges to propel pellets and jury had opportunity to view pellet gun during its deliberations, evidence sufficient to establish air gun was deadly weapon when “deadly weapon” defined to include anything designed for lethal use, including “firearm,” which was defined by Arizona Revised Statutes § 13-105 [17] as “any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of expanding gases”); Campbell v. State, 577 S.W.2d 493, 495-96 (Tex. Crim. App. 1979) (because air gun designed to fire .22 caliber projectile was capable of causing death of human being if fired at close range and gun was pointed at close range during robbery, it was found to be deadly weapon capable of causing serious injury and designed for that purpose); see also Mitchell v. State, 698 So. 2d 555, 560-62 (Fla. App. 1997) (unclear whether air gun was found to be deadly weapon or dangerous instrument when conviction was affirmed after court assessed likelihood of injury from reasonable victim’s point of view and air gun used to threaten).