Opinion
No. 13815.
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.
Affirmed.