What is the test for determining whether an object not inherently deadly or dangerous is used as a weapon?
California, United States of America
The following excerpt is from People v. B.M. (In re B.M.), 10 Cal.App.5th 1292, 217 Cal.Rptr.3d 294 (Cal. App. 2017):
may be used, under certain circumstances, in a manner likely to produce death or great bodily injury. In determining whether an object not inherently deadly or dangerous is used as such, the trier of fact may consider the nature of the object, the manner in which it is used, and all other facts relevant to the issue. [Citations.]" (People v. Aguilar (1997) 16 Cal.4th 1023, 10281029, 68 Cal.Rptr.2d 655, 945 P.2d 1204.)
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