Benton v. United States

FAHY, Circuit Judge.

Appellant was convicted by a jury of taking indecent liberties with a child under the age of sixteen years, in violation of § 22-3501 (a), D.C.Code (1940, Supp. VII). He resided in an apartment near that of the child and her mother, though under separate roofs. It is not disputed that at the time in question the child, a girl twelve years of age, was in appellant’s apartment and did a dance there when only he and she were present. She said he then took the liberties complained of, with his hand upon parts of her person. He denies that this occurred. There is also…