Rodriguez v. NevadaAnnotate this Case
The Nevada Supreme Court affirmed defendant's conviction for battery with the use of a deadly weapon. The court held that, within the context of battery, "deadly weapon" included an instrument which, under the circumstances in which it is used, is readily capable of causing substantial bodily harm or death. The court has consistently defined "deadly weapon" according to both the functional and the inherently dangerous definitions, and thus the district court acted within its discretion in settling the jury instructions in the context of battery according to the functional definition. Therefore, the screwdriver defendant used was considered a deadly weapon.