United States v. Willis M. Daniels

Fourth Circuit

United States v. Willis M. Daniels

421 F.2d 155, 1970 U.S. App. LEXIS 10896

Court of Appeals for the Fourth Circuit·Decided February 3, 1970·No. 13815_1·Published

Opinion

PER CURIAM.

During a prison riot, the defendant obtained a metal fence post, some five or six feet in length. Wielding it as a club, he attempted to strike a guard. He then hurled it as a javelin, striking the guard in the chest.

We think it permissible to find the length of metal pipe, used as it was, a dangerous weapon. We find no infirmity in the conviction of the defendant for assault with a dangerous weapon.

Affirmed.

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PER CURIAM.

During a prison riot, the defendant obtained a metal fence post, some five or six feet in length. Wielding it as a club, he attempted to strike a guard. He then hurled it as a javelin, striking the guard in the chest.

We think it permissible to find the length of metal pipe, used as it was, a dangerous weapon. We find no infirmity in the conviction of the defendant for assault with a dangerous weapon.

Affirmed.

United States v. Willis M. Daniels, 421 F.2d 155, 1970 U.S. App. LEXIS 10896 (4th Cir. 1970).

Pincite

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