Konrad v. State
In Konrad v. State, 763 P.2d 1369, 1373 (Alaska App. 1988) the Court stated the following:
The need to focus on the specific circumstances of each case derives from the definition of "dangerous instrument." While the statutory definition encompasses "anything" that is capable of causing death or serious physical injury, the express language of the statute requires that an instrument's potential for causing death or serious physical injury be assessed in light of "the circumstances in which it is used, attempted to be used, or threatened to be used." (Konrad, 763 P.2d at 1373.)
The Court stated in Konrad: "It is the actual use of the instrument in each case that must be considered, not abstract possibilities for use of the instrument in hypothetical cases."
In Konrad, the Court found that the evidence presented would not support a conviction for third degree assault. This court offered the following explanation: "On the record of the present case, a conclusion that Konrad's hands were capable of causing death or serious physical injury under the circumstances in which they were actually used -- that is, that they actually created a substantial risk of death or serious physical injury to Luann Konrad -- would be wholly speculative." Id. at 1376.