U.S. v. Watts

In prosecution on charge of assault with dangerous weapon with intent to do bodily harm arising out of incident in which defendant threw heavy chair at nearby police officer at conclusion of civil rights trial, Dist. Ct. did not err in giving instructions that essentially told jury that it could convict defendant upon finding that assault had been committed with dangerous weapon and with intent to do bodily harm. Moreover, defendant’s tossing of heavy chair at victim, who was less than three feet away from defendant, was sufficient to support instant conviction where jury could properly view heavy chair as dangerous weapon. Also, defendant was not entitled to have jury instructed on simple assault charge where basis for such instruction was defendant’s claim that he threw chair during impulsive moment.