UNITED STATES v. DAULTON

No. 73-2847 Summary Calendar.

488 F.2d 524 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James William DAULTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1973.


Attorney(s) appearing for the Case

Sidney S. Jones, (Court appointed) Thomas L. Carter, Atlanta, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., J. Robert Cooper, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

James William Daulton was convicted of an assault with intent to commit murder upon one of his cell mates in the United States Penitentiary at Atlanta, 18 U.S.C. § 113(a).

The proof for the government showed that the means and force used by the defendant were three bars of soap wrapped in a towel which made a highly effective club. Moreover, he attempted to strangle his intended victim with another towel.

Daulton now contends on appeal...

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