SOBELOFF, Chief Judge.
The defendant appeals from his conviction by the District Judge sitting without a jury in the Eastern District of Virginia for an assault with a dangerous weapon, 18 U.S.C.A. § 113(c). He was charged with using a metal and plastic chair which the indictment alleged, and the District Court found, to be a dangerous weapon. The defendant admits that the Government has proven a case of assault but denies using a chair, claiming that he only...
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