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UNITED STATES of America, Appellee,
v.
Willis M. DANIELS, Appellant
v.
Willis M. DANIELS, Appellant
13815_1.
Court of Appeals for the Fourth Circuit.
Feb 3, 1970.
Published opinion
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.
Haynsworth, Sobeloff, Bryan.
Published
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.