United States of America, Appellee, v. Willis M. Daniels, Appellant, 421 F.2d 155 (4th Cir. 1970)

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U.S. Court of Appeals for the Fourth Circuit - 421 F.2d 155 (4th Cir. 1970)

Argued January 6, 1970
Decided February 3, 1970

Sidney Zolin Lieberman, Annandale, Va. (court-appointed counsel) for appellant.

Gilbert K. Davis, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.


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.