Allen v. State

The defendants were convicted of assault in the first degree by means of a deadly weapon, specifically a “billy”, in violation of 11 Del.C. § 613 and conspiracy in the second degree in violation of 11 Del. C. § 512. The defendant Richard Goad was also convicted of possession of deadly weapon, specifically a “billy”, during the commission of a felony, in violation of 11 Del.C. § 1447.

The determinative question is whether the evidence was sufficient to establish the possession and use by the defendants of a “billy” such as is defined a “deadly weapon” under 11 Del.C. § 222(5). We think not.

The…