Jacqueline Newby (defendant), the mother of a six-year-old girl, was at a park in Washington, D.C. with her daughter when witnesses saw her hit and kick the girl repeatedly, slap the girl with the back of a heavily ringed hand, and beat the girl after she had been knocked to the ground. The United States (plaintiff) charged Newby with simple assault. At trial, Newby testified that the girl had been acting out and was overexcited. Newby acknowledged that she had lost control but claimed that her actions were done out of fear that the girl would hurt herself. Newby was convicted. She appealed, contending that the government failed to make its case because it did not prove that she acted with malice.