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POWELL v. U.S.

No. 04-CM-95.

916 A.2d 890 (2006)

Elmer K. POWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 2006.

Attorney(s) appearing for the Case

Jerry Ray Smith, appointed by the court, for appellant.

Andrea McBarnett, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the brief was filed, Roy W. McLeese III, Thomas J. Tourish, Jr., Kristina Ament, and Renata Kendrick Cooper, Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN, Associate Judge, and PRYOR and KING, Senior Judges.

PRYOR, Senior Judge:

Following an altercation with his daughter, appellant, Elmer Powell, was charged by information with one count of simple assault1 and one count of attempted second-degree cruelty to children.2 At a bench trial, appellant presented a parental discipline defense. The trial court rejected the defense on the grounds that the force used by appellant...

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