WHEELER v. UNITED STATES

No. 11440.

211 F.2d 19 (1953)

WHEELER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 27, 1953.

Petition for Rehearing Denied January 28, 1954.

Writ of Certiorari Denied June 7, 1954.


Attorney(s) appearing for the Case

Mr. Claire O. Ducker, Sr., Washington, D. C., for appellant.

Mr. William J. Peck, Asst. U. S. Atty. at time of argument, Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Martin J. McNamara and E Riley Casey, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Mr. William R. Glendon, Asst. U. S. Atty. at time brief was filed, Washington, D. C., was also on the brief. Messrs. Charles M. Irelan, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty. at time record was filed, Washington, D. C., also entered appearances for appellee.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.


Petition for Rehearing in Banc Denied January 28, 1954.

Writ of Certiorari Denied June 7, 1954. See 74 S.Ct. 876.

BAZELON, Circuit Judge.

Appellant was convicted of having carnally known and abused a ten-year-old girl — the child of his common-law wife by a former marriage. The elements of the crime under the statute are (1) penetration (2) of a child under the age of sixteen.1

The conviction followed a trial...

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