Powell v. United States

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 sec*892ond-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 was unreasonable, convicting appellant of simple assault while acquitting him of the second charge. On appeal, appellant challenges the sufficiency of the evidence used to support his conviction. Finding the quantum of evidence…