Joseph v. United States

TERRY, Associate Judge:

Appellant Joseph was indicted on charges of assault with intent to kill while armed 1 and carrying a pistol without a license. 2 After a jury trial, he was convicted of assault with a dangerous weapon 3 (as a lesser included offense of assault with intent to kill while armed) and carrying a pistol without a license. 4 On appeal Joseph contends that the government constructively amended the first count of the indictment in such a way that he was convicted of an offense with which he had not been charged by the grand jury. He also argues that the trial court erred in…