Harold Hutson v. United States

For several hours during the late evening of March 28th, 1954, the appellant (hereinafter called the defendant) was the only adult in a house located at 508 Sixth Street, in a certain Alaskan city. The house also was occupied by two children, Virginia, aged eleven, and her little sister, aged five. Earlier that evening another adult, Joe Baird, had been at the house. In fact, “Uncle Joe” lived there, and was caring for the children in their mother’s absence. The two adults had been drinking.

Next to the house mentioned lived the Perrys, at 512 Sixth Street. The defendant lived at 516 Sixth Street. The record does not disclose the distance these houses were apart, but we assume they were on the same side of the street and within a reasonably short walking distance of one another.

Joe Baird and the defendant and Virginia went into town to get an “E” string for her violin. They also got more liquor. They then returned to Virginia’s home. The two girls and a third played outside. About the time the two girls came into the house, Joe borrowed a truck that defendant had himself borrowed, and according to the defendant went to an unmentioned destination, one-half mile away, to be back…