McALLISTER v. UNITED STATES

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Docket Number

No. 13258.

Attorney(S)

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 appellee.

Judges

Wilbur Kingsbury Miller
David L. Bazelon
Walter Maximillian Bastian

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 13258.

Attorney(S)

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 appellee.

Judges

Wilbur Kingsbury Miller
David L. Bazelon
Walter Maximillian Bastian

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Virginia McALLISTER, Appellant, v. UNITED STATES of America, Appellee.

PER CURIAM.

Appellant was convicted of abortion. 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.

D.C. Code § 22-201 (Supp. III, 1951).

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.

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Virginia McALLISTER, Appellant, v. UNITED STATES of America, Appellee.

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