United States v. Jasper Wycoff, Jr.

Wycoff appeals his conviction by a jury for having violated 18 U.S.C. § 113 (c), an assault with a dangerous weapon within the Special Maritime and Territorial Jurisdiction of the United States. We affirm.

FACTS

A summary of the joint statement of facts filed for purposes of this appeal discloses that on August 7, 1975, Albert Ellis was sitting at a coffee table in the patio area of the Wadsworth Veterans Administration Hospital. Seated at the table with Ellis were two other individuals, Benny Reed and Louis Thomas. While seated, Ellis was struck on the back of the head by a blow variously described as a popping sound or a thud. No one saw this blow as it was struck'. When the three men looked in the direction of the sound, they observed the appellant Wycoff standing some distance behind Ellis with an object in his hand. This object was described by Ellis as a iron pipe. Reed and Thomas described the object as a wooden stick. Upon observing Wycoff, Ellis said something to the effect “What the hell is that for?” Ellis testified that Wycoff responded “You know what that is for.” Thomas corroborated this response and Reed testified that words were spoken, but he could not recall…