United States v. Thomas Duane Davis

MEHAFFY, Circuit Judge.

Thomas Duane Davis, an Indian, appeals his conviction of the crime of assaulting Betsy E. Brunelle, also an Indian, with a dangerous weapon, a pistol, with intent to do bodily harm and without justifiable or excusable cause in violation of 18 U.S.C. § 1153, the so-called Ten Major Crimes Act. We reverse the judgment of conviction.

The crucial question presented is whether an unloaded pistol is a “dangerous weapon” within the meaning of the applicable law and facts.

On April 25, 1968, the date of the alleged crime, one Vincent Vasquez, a friend of defendant, had been shot.…