U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Willis M. Daniels

U.S. Court of Appeals for the Fourth Circuit · Decided February 3, 1970 · Haynsworth, Sobeloff, Bryan

421 F.2d 155; 1970 U.S. App. LEXIS 10896 (Federal Reporter, Second Series)

Counsel

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.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.