Oldgringo wrote:mreavis wrote:A baseball bat would in fact be considered a club if you committed a crime with it.
...and so would anything else; e.g., golf club, cricket bat, etc., etc. used to bludgeon and/or "club" a person...
A club can also be a honky-tonk, a night club, a Rotary Club, etc., etc. What's the question?
Please read this:
Tatom v. State, 555 S.W.2d 459 (Tex. Crim. App. 1977) “The pair of nun-chucks in
question are in the record. One of the alleged weapons consists of two pieces of
laminated wood. Each piece is over eleven inches long and is an inch in diameter. Holes
have been drilled in the center of an end of each piece and at an inch below. The rope
connecting the two pieces of wood is threaded through the four holes and knots tied on
the side of each piece. There is three inches of rope between the ends of each piece of
wood. Observing them, we hold that the trial judge had before him sufficient evidence to
conclude that they were designed for the purpose of inflicting serious bodily injury or
death upon a person by striking him. Whether the weapon was used solely for karate
practice or not, or whether it was used solely for defensive purposes, the evidence
sufficiently demonstrated that it was a club as defined in the statute.”
Alexander v. State, 617 S.W.2d 269 (Tex. Crim. App. 1981) “The fact that an object is
capable of inflicting serious bodily injury or death alone does not bring the object within
the definition of club.” “Instruments readily capable of inflicting serious bodily injury but
not specifically designed to do so, such as baseball bats and rolling pins, are excluded, if
a person carrying one of them has intent to use them to inflict injury and his criminal
design progresses far enough, however, he can be prosecuted for an attempted or
completed assault.” The court then found a nylon cord attached to a twelve-inch
motorcycle chain was insufficient adaptation to find it to be a club under the statute.
Same result in a case where defendant possessed a “tire knocker” (18 inch long piece of
hickory with a leather thong tied through handle) used to check air pressure in truck tires.
It was not specially designed, made or adapted for the purpose of inflicting death or
serious bodily injury by striking a person. Coleman v. State, 790 S.W.2d 369 (Tex. App.-
Dallas 1990).
Items that can be used to commit assault such as baseball bats are not clubs because they
are not adapted for the purpose. However a sock with a roll of coins in it has been
adapted for the purpose so could be a club.
http://ss.utpb.edu/media/files/universi" onclick="window.open(this.href);return false; ... N-LAWS.pdf