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Oregon appeals court: Teeth not dangerous weapon

•  State Bar News     updated  2011/03/24 02:37


The Oregon Court of Appeals has ruled that teeth are not a dangerous weapon.

The decision Wednesday overturned a first-degree assault conviction for a Marion County man who bit off part of a neighbor's ear in 2008 in a drunken fight.

The Oregonian reports a second-degree assault conviction against 30-year-old Scott Russell Kuperus II stands. But first-degree assault involves a dangerous weapon, and teeth don't qualify.

His attorney says the first-degree assault charge that carried a sentence of 90 months in jail will be dismissed and Kuperus will be sentenced to 70 months for second-degree assault.


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