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WHITTAKER v. UNITED STATES

No. 15559.

281 F.2d 631 (1960)

James Allen WHITTAKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 14, 1960.

Attorney(s) appearing for the Case

Mr. Jerome M. Alper, Washington, D. C. (appointed by this court), for appellant.

Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before EDGERTON, FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

Defendant [appellant] was charged, in a two-count indictment, of violation of the Miller Act (taking indecent liberties with a child),1 and carnal knowledge.2 The trial judge found the evidence insufficient to support the charge of carnal knowledge and instructed the jury that, on the second count, it could find the defendant guilty only of the crime of...

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