United States v. Moore (1988)

James Vernell Moore (defendant), a federal prison inmate who had tested positive for HIV, was prosecuted for assaulting two prison guards by inflicting deep bites, with the indictment describing his mouth and teeth as a deadly and dangerous weapon and referencing the AIDS virus specifically; at trial, an expert testified AIDS likely could not be transmitted by biting but that deep bites could still transmit various other harmful viruses. Moore asked the judge to instruct the jury that proving his mouth and teeth were a deadly weapon required proof AIDS specifically could be transmitted by biting; the judge refused, and the jury convicted him.