concurring: The defendant in this case was charged and tried on alternative theories — that the battery was committed with a deadly weapon (two Doberman pinscher dogs), or in a manner whereby great bodily harm or death could have been inflicted. I agree that, under the facts of this case, the latter theory was established by the evidence. I disagree, however, that the dogs were deadly weapons within the meaning of K.S.A. 21-3414.
In Parman v. Lemmon, 119 Kan. 323, 244 Pac. 227 (1925), the court considered R. S. 1921, 38-701, which statute made it a misdemeanor to furnish a minor with a pistol, revolver, “or other dangerous weapons.” The court, with Justices Burch, Dawson *429and Mason dissenting, held that a shotgun was included within the phrase “or other dangerous weapons” as used in that statute. The following year, upon rehearing, with Chief Justice Johnston and Justice Harvey dissenting, the court reversed its original opinion and held that it was not the intention of the legislature to include shotguns within the words “or other dangerous weapons” as contained in the legislative act. Parman v. Lemmon, 120 Kan. 370, 244 Pac. 232 (1926).
Webster’s Third New International Dictionary 2589 (rev. 1964) defines weapon as: “[A]n instrument of offensive or defensive combat: something to fight with: something (as a club, sword, gun, or grenade) used in destroying, defeating or physically injuring an enemy . . . .” Firearms, knives and clubs first come to mind as weapons. Also, items used with the intent of inflicting bodily harm — baseball bats, axes, hatchets, sticks, and stones can be used as weapons. A person’s fists or feet can constitute weapons. The common connotation of the word “weapon” is that of an inanimate object physically wielded or used by a person offensively or defensively. I do not believe that the legislature was speaking of dogs, cats or horses when it used the words “deadly weapon.” I respectfully disagree with that portion of the opinion construing “deadly weapon” to include dogs.
However, defendant’s use of the dogs under the facts of this case resulted in the application of force to the person of the victim with the intent to injure him in a manner whereby great bodily harm could be inflicted. Therefore, I concur in the affirmance of the conviction.
Prager, J., joins the foregoing concurring opinion.