Michael Robert Shaffer v. United States

This is an appeal from a felony conviction for an “assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse * *.” 18 U.S.C.A. § 113(c). The question involved here is whether the evidence is sufficient to support the trial Court’s finding that the admitted assault was “with intent to do bodily harm.” Under the statute this element distinguishes a felony from a misdemeanor. 18 U.S.C.A. § 113(e). We hold that the evidence is sufficient.

At the time of the offense, the defendant, a PFC in the United States Army, was confined in the Stockade at Ft. Bliss,…