United States v. Gholston
United States Court of Appeals for the Eleventh Circuit
932 F.2d 904 (1991)
Relevant factsFree
Ben Gholston (defendant) was prosecuted for assaulting a federal official with a dangerous weapon after he overturned a desk onto a receptionist at a Social Security Administration office and struck her in the neck with his hand. The trial judge denied his motion for judgment of acquittal, and the jury convicted him. Gholston appealed, arguing a desk is not a dangerous weapon within the meaning of the federal assault statute, 18 U.S.C. § 111.
IssueFree
Whether an object's status as a dangerous weapon depends not only on its inherent capability but also on the manner in which it was used.