(Act  of  April  30, 1790,  §  12, 1  Stat,  at  Large,  115.)  And  the
fact  that  the  assault  is  with  a  dangerous  weapon,  is  classed  by
the  law,  with  an  assault  with  an  intent  to  kill ;  for  an  assault
with  a  dangerous  weapon,  and  an  assault  with  an  intent  to
kill,  each  amounts  to  the  offence  punished  by  this  Act.  You
will  consider  that,  to  support  this  count,  the  assault  must  be
with  a  weapon  dangerous  to  life.  I  think,  also,  that  as  actu-
ally used,  the  weapon  must  have  been  dangerous  to  life.  Thus
a  small  pistol,  when  loaded,  is  undoubtedly  a  dangerous
weapon  ;  and  if  pointed  towards  a  person  within  striking  dis-
tance, with  a  present  intention  of  discharging  it,  an  assault
with  a  dangerous  weapon  is  committed.  But  if  not  loaded,
and  used  only  to  push,  or  strike  with,  a  small  pistol  could  not
be  considered  a  weapon  dangerous  to  life.  So  the  thing  said
to  be  used  by  the  defendant  may,  in  the  hand  of  a  strong
man,  be  capable  of  endangering  life  by  a  blow  on  the  head  ;
but  not  dangerous  to  life,  if  the  arm  or  leg  be  struck  with  it.
And  if  it  be  so,  then  an  assault  on  a  person,  by  striking  at,  or
attempting  to  strike  at  his  head  with  this  instrument,  being
within  striking  distance,  would  be  an  assault  with  a  danger-
ous weapon  ;  while  an  attempt  to  strike  his  arm  with  it,  would
not  be  such  an  assault.  In  many  cases  it  is  practicable  for
the  Court  to  declare,  that  a  particular  weapon  wa/,  or  was
not,  a  dangerous  weapon,  within  the  meaning  of  the  law.
