BENTON v. UNITED STATES

No. 10688.

188 F.2d 625 (1951)

BENTON v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1951.


Attorney(s) appearing for the Case

Mr. Denis K. Lane, Washington, D. C., with whom Mr. George J. Boden, Washington, D. C., was on the brief, for appellant.

Mr. Jerome Powell, Asst. U. S. Atty., Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and Joseph M. Howard and William S. McKinley, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before EDGERTON, FAHY, and WASHINGTON, Circuit Judges.


FAHY, Circuit Judge.

Appellant was convicted by a jury of taking indecent liberties with a child under the age of sixteen years, in violation of § 22-3501(a), D.C.Code (1940, Supp. VII). He resided in an apartment near that of the child and her mother, though under separate roofs. It is not disputed that at the time in question the child, a girl twelve years of age, was in appellant's apartment and did a dance there when only he and she were present. She said...

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