California Supreme Court

In re B.M.

December 27, 2018

Summary

The court held that a noninherently deadly object qualifies as a deadly weapon only when used in a manner both capable of producing and likely to produce death or great bodily injury. Because the evidence showed that B.M. used a dull butter knife with moderate pressure only against her sister’s blanket-covered legs, and did not show likely serious injury from that actual use, the evidence was insufficient. The court reversed the Court of Appeal’s judgment.