What is the test for determining whether a person can be found guilty of assault by reason of injury when they are not wearing shoes?
California, United States of America
The following excerpt is from People v. Yancy, 171 Cal.App.2d 371, 340 P.2d 328 (Cal. App. 1959):
In People v. McCaffrey, supra, 118 Cal.App.2d 611, at page 617, 258 P.2d 557 the court held that whether the blow of a fist or the kick of a shod foot was of such force as was likely to produce great bodily injury was a question of fact for the jury.
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