MULLEN v. UNITED STATES

No. 14663.

263 F.2d 275 (1958)

Carolyn MULLEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 4, 1958.

Additional Statements January 29, 1959.


Attorney(s) appearing for the Case

Mr. Lawrence J. Latto, Washington, D. C. (appointed by this court) for appellant.

Mr. Walter J. Bonner, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before Mr. Justice REED, retired, and EDGERTON and FAHY, Circuit Judges.


EDGERTON, Circuit Judge.

This appeal is from a conviction under D.C.Code (1951) § 22-901, which makes it a crime to "torture, cruelly beat, abuse, or otherwise wilfully maltreat" a child. Appellant's young children were found chained in her house while she was absent. There was evidence that she had chained them, and also that she had done so for their "protection". The District Court rightly charged the jury as a matter of law that appellant did not "torture...

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