U.S. Court of Appeals for the D.C. Circuit, 1956

Virginia McAllister v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided December 6, 1956 · Miller, Baze-Lon, Bastian

239 F.2d 76; 99 U.S. App. D.C. 256; 1956 U.S. App. LEXIS 4136 (Federal Reporter, Second Series)

Counsel

Mr. William C. Darden, Washington, D. C., with whom Mr. Fred D. Durrah, Washington, D. C., was on the brief, for appellant., Mr. Alfred Burka, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee., Mr% E. Tillman Stirling, Washington, D. C., also entered an appearance for ap-pellee.

Cases that cite this one

2 later published cases cite this decision.

Simms v. United States (D.C. 1971)
Palmer v. United States (D.C. 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellant was convicted of abortion. 1 In concluding his instructions to the jury, the trial judge said, “to reach a verdict * * * should not involve any difficulty.” Appellant contends that this interfered with the jury’s deliberative process and encouraged it to return a guilty verdict.

Clearly this gratuitous remark was not well advised. But defense counsel did not object below as required by Rule 30, F.R.Crim.P., 18 U.S.C.A.; and in the circumstances of this case we cannot say that refusal to consider the matter on appeal will result in manifest injustice. Since we also find no basis for reversal in other matters complained of, the judgment of conviction is

Affirmed.

. D.C.Code § 22-201 (Supp. III, 1951).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.