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

United States Court of Appeals for the District of Columbia Circuit1956-12-06No. No. 13258
239 F.2d 76

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Opinion

majority opinion

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. 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).