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MILLER v. UNITED STATES

No. 11640.

207 F.2d 33 (1953)

MILLER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided August 3, 1953.

Attorney(s) appearing for the Case

Mr. Mac Asbill, Jr., Washington, D. C., for appellant (appointed by the court).

Mr. Samuel J. L'Hommedieu, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and John D. Lane, and William J. Peck, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Messrs. Charles M. Irelan, U. S. Atty., and William R. Glendon, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered appearances for appellee.

Before EDGERTON and PRETTYMAN, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant was convicted of assault with intent to commit carnal knowledge, under an indictment which charged that on or about June 9, 1952, he carnally knew a girl under sixteen and about fourteen years old. He was acquitted on a different count of the indictment which charged that he was the child's father and committed incest with her.

The child testified that the appellant had sexual intercourse with her on June 9 and many previous...

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