U.S. Court of Appeals for the Fourth Circuit, 1972

United States v. Harry Lee Battle

U.S. Court of Appeals for the Fourth Circuit · Decided April 21, 1972 · Butzner, Russell, Field

459 F.2d 64; 1972 U.S. App. LEXIS 9951 (Federal Reporter, Second Series)

Counsel

Robert E. Hyman, Richmond, Va., on brief for appellant., Brian P. Gettings, U. S. Atty., for Eastern District of Virginia, and Dennis W. Dohnal, Asst. U. S. Atty., on brief for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Curtis Red Fox (7th Cir. 1988)
United States v. Ernest Dixon (7th Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Harry Lee Battle, a federal prisoner, appeals his conviction of conveying a dangerous weapon from place to place in a federal institution in violation of 18 U.S.C. § 1792.

The sole issue on appeal is whether the evidence was sufficient to support Battle’s conviction. Intent to convey a weapon may be inferred from either direct or circumstantial evidence. United States v. Roche, 443 F.2d 98 (10th Cir. 1971). The direct proof was sufficient to infer that Battle intended to convey the weapon.

Accordingly, we dispense with oral argument and affirm the judgment of the district court.

Affirmed.

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