Carl Newton Mahan
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- Gender
- male
- Country
- USA
- Location
- Paintsville, Johnson County, Kentucky, USA
- Date of birth
- 1922
- Characteristics
- —
- Victim profile
- Cecil Van Hoose, 8
- Method of murder
- Shooting (12-gauge shotgun)
- Date(s) of murder
- May 18, 1929
- Years active
- 1929
- Date of arrest
- Same day
- Status
-
Died in custody
Convicted of manslaughter; sentenced to 15 years in reform school; sentence reversed; attorney general announced review was complete and took no action, allowing the boy to remain with his parents; died at the age of 35 in 1958
Case record
Name: Carl Newton Mahan
Background
Carl Newton Mahan was described as a 6-year-old from Paintsville, an eastern Kentucky coal-mining town.
The offence
On May 18, 1929, Carl Newton Mahan and Cecil Van Hoose had a fight over a piece of scrap iron. Cecil took the scrap of iron away from Carl and slapped him in the face. Carl ran away from Cecil, went home, and climbed up on a chair. Carl took down his father's 12-gauge shotgun, which was kept above the door. Carl went back outside and shouted to Cecil, “I'm going to shoot you!” Carl then squeezed the trigger.
Investigation
A public outcry followed Carl's conviction and sentence. Legal appeals followed as well.
Trial
Less than a week after Carl shot his friend, the 6-year-old was on trial for murder. Carl told the court how he came to kill his friend. During the daylong trial, Carl lay on the defense counsel's table and sometimes slept. After fewer than 30 minutes of deliberations, a jury convicted Carl of the lesser charge of manslaughter.
Sentencing
The Johnson County judge sentenced Carl to 15 years in reform school. The boy was released to his parents on $500 bail.
Appeals
A Circuit Court judge set aside the conviction and issued a “writ of prohibition” that prevented Carl from being sent to reform school. The writ said the county judge had exceeded his authority by allowing Carl to be tried criminally before a jury. The writ stated that juvenile cases were normally decided by the county judge.
Outcome
Kentucky's attorney general was asked to make a final decision. A month after Carl was sentenced, the attorney general announced that the review of the case was complete. He took no action, allowing the boy to remain with his parents. In the end, Kentucky officials reviewed the 1929 case and let Carl remain a free person, growing up outside the confines of reform school.
Aftermath
Carl later moved to Jefferson County. Information about his later life was sparse. Carl Newton Mahan died at the age of 35 in 1958.
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