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BAILEY v. DISTRICT OF COLUMBIA

No. 5607.

281 A.2d 440 (1971)

McCleveland BAILEY, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided September 28, 1971.

Attorney(s) appearing for the Case

David C. Niblack, Washington, D. C., for appellant.

Leo N. Gorman, Asst. Corp. Counsel, with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellee.

Before HOOD, Chief Judge, and NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

Reversal of the paternity judgment in this case is required because of failure, on request, to instruct on the theory of defense.1 A new trial is, therefore, appropriate.

At issue is the critical period in which conception could have occurred. According to the young mother's testimony, the child was conceived after an October 5 menstrual period. The appellant, however, contended that conception may have...

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