James C. Jones v. United States

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 of the alleged occurrence she saw the child coming from the laundry room on the floor below the main floor of the building, and saw her running until she (the child)…