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HALL v. UNITED STATES

No. 9821.

171 F.2d 347 (1948)

HALL v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1948.

Attorney(s) appearing for the Case

Mr. Scotti Mayo, of the Bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of Court, and Mr. Benjamin Rhoden Coward, of Washington D. C., for appellant.

Mr. Stafford R. Grady, Assistant United States Attorney, of Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and John D. Lane, Assistant United States Attorney, both of Washington, D. C., were on the brief, for appellee. Mr. Sidney S. Sachs, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN and PROCTOR, Circuit Judges, and BAILEY, District Judge, sitting by designation.

PROCTOR, Circuit Judge.

Appellant was tried in the District Court upon an indictment charging carnal knowledge of a female child of the age of eight years, in violation of Title 22, Section 2801, District of Columbia Code (1940), which reads as follows:

"Whoever has carnal knowledge of a female forcibly and against her will, or carnally knows and abuses a female child under sixteen years of age, shall be imprisoned for not more than thirty years: Provided...

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