PER CURIAM:
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 so-called "deadly weapon" was not introduced into evidence. The uncontroverted testimony of a police officer is that a stick was used in the assault "about 1 foot long and 1/2 inch in circumference". This testimony describes an average pencil, not a "billy" in any sense of that word. By definition, Webster's New Collegiate Dictionary, a "billy" is a heavy, usually wooden, club; specifically, a policeman's club. The evidence in this case does not establish the involvement of any such instrumentality.
Accordingly, the convictions of assault in the first degree by deadly weapon under § 613(1) must be reversed, as well as the conviction of the defendant Goad of possession of a deadly weapon during the commission of a felony.
However, the convictions of the lesser-included offenses of assault in the second degree stand. 11 Del. C. § 612, 206(b)(2).
The cases are remanded with instructions to strike the judgments of conviction and sentence heretofore entered and to enter new judgments in accordance herewith.