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BURKE v. UNITED STATES

No. 13475.

239 F.2d 50 (1956)

Clair M. BURKE, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1956.

Attorney(s) appearing for the Case

Mr. Samuel F. Ianni, Washington, D. C. (appointed by the District Court), for appellant.

Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and Harold J. Rogers, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.

PER CURIAM.

Appellant was indicted under D.C. Code, § 22-903 (1951, Supp. IV)1 on two counts; Count One charged wilful non-support of his destitute wife and Count Two charged wilful non-support of his five named minor children. While represented by counsel, appellant entered a plea of guilty and was sentenced to one year on each count. The sentences, which were to run consecutively, were suspended and appellant was placed on two years...

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