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JONES v. UNITED STATES

No. 12929.

231 F.2d 244 (1956)

James C. JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 1, 1956.

Attorney(s) appearing for the Case

Mr. Michael F. X. Dolan, Washington, D. C. (appointed by the District Court), with whom Messrs. Joseph F. Salisbury and Thomas M. O'Malley, Washington, D. C., were on the brief, for appellant. Francis G. Naughten, Washington, D. C., also entered an appearance for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and Alfred Hantman, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant (defendant) was indicted, tried and convicted of a violation of the Miller Act,1 it being claimed that he took indecent liberties with a minor child with the intent of satisfying defendant's lust, passions and desires.

At the trial, the trial judge properly found, on inquiry of her, that the child (who was five years of age) was incompetent to testify. The child's mother testified that on the day...

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