outside and tied her to the lightning rod attached to the cottage. This took place during a violent electrical storm. When he tied her to the pole, he said, "I'll fix you, you're gonna fry." Lightning did not strike the pole. This act is the basis of the assault by means of a dangerous weapon charge. The state claims that the dangerous weapon is lightning. Please prepare a memo addressing the question of whether there is a sufficient basis to support the charge of assault by means of a dangerous weapons. Statutory Law: G. L. c. 265, $ 15A, Assault and Battery with Dangerous Weapon ( state of Massachusetts), pro-vides: "(b) Whoever, by means of a dangerous weapon, commits assault and