UNITED STATES v. DAVIS

No. 19778.

429 F.2d 552 (1970)

UNITED STATES of America, Appellee, v. Thomas Duane DAVIS, Appellant.

United States Court of Appeals, Eighth Circuit.

August 4, 1970.


Attorney(s) appearing for the Case

Leo Broden, Devils Lake, N. D., for appellant.

Gary Annear, Asst. U. S. Atty., Fargo, N. D., for appellee; Harold O. Bullis, U. S. Atty., on the brief.

Before MEHAFFY, HEANEY and BRIGHT, Circuit Judges.


MEHAFFY, Circuit Judge.

Thomas Duane Davis, an Indian, appeals his conviction of the crime of assaulting Betsy E. Brunelle, also an Indian, with a dangerous weapon, a pistol, with intent to do bodily harm and without justifiable or excusable cause in violation of 18 U.S.C. § 1153, the so-called Ten Major Crimes Act. We reverse the judgment of conviction.

The crucial question presented is whether an unloaded pistol is a "dangerous weapon" within the meaning...

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