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Roger Burns was convicted of assault with a dangerous weapon with intent to do bodily harm for attacking his supervisor Arthur Lopez with a drywall hammer at a construction site on Fort Jackson in South Carolina. Burns appealed, arguing the jury should have been instructed on the lesser included offenses of assault by striking and simple assault. The Fourth Circuit affirmed the conviction, finding that the evidence did not support instructing the jury on the lesser offenses because there was no factual disp
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