United States of America, Charles L. Miller

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a conviction for assault with intent to commit murder, in violation of 18 U.S.C. § 113(a).

Appellant Charles L. Miller and his co-defendant, Curtis Allen Kochis, were indicted by a federal grand jury and charged with assaulting a fellow inmate in the federal penitentiary at Leavenworth with the use of a dangerous weapon, i. e. an incendiary device. Both appellant and his co-defendant Kochis pleaded not guilty to the charge. Following an Omnibus Hearing on February 8, 1973, they were tried by a jury in the United States District Court for…