UNITED STATES v. SCALF

No. 82-2435.

725 F.2d 1272 (1984)

UNITED STATES of America, Appellee, v. George Andrew SCALF, Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 1984.


Attorney(s) appearing for the Case

Karla McAlister, Asst. U.S. Atty., W.D.Okl., Oklahoma City, Okl. (William S. Price, U.S. Atty., Oklahoma City, Okl., with her on brief), for appellee.

Paul Walters of Spradling, Alpern, Friot & Gum, Oklahoma City, Okl., for appellant.

Before BARRETT and LOGAN, Circuit Judges, and CHILSON, Senior District Judge.


BARRETT, Circuit Judge.

George Andrew Scalf (Scalf) appeals his jury convictions on the charges of assault with a deadly weapon, 18 U.S.C.A. § 113(c), and conveying a weapon from place to place within a federal penitentiary, 18 U.S.C.A. § 1792. A summary of the undisputed facts will facilitate our review.

On August 28, 1982, Scalf, along with a number of other inmates, including Jerome Spence (Spence) were...

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