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HAWK v. UNITED STATES

No. 18598.

340 F.2d 792 (1964)

James E. HAWK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1964.

Attorney(s) appearing for the Case

Mr. Thomas H. Truitt, Washington, D. C., with whom Mr. Robert L. Ackerly, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. Daniel J. McTague, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, DANAHER and McGOWAN, Circuit Judges.

DANAHER, Circuit Judge.

This appellant and four other young men were charged in a 10-count indictment with carnal knowledge of a fourteen-year-old girl.1 One Balenger pleaded not guilty, and his trial commenced on the afternoon of February 26, 1964. Earlier that day, this appellant and three co-defendants were permitted to enter pleas of guilty to assault with intent to commit carnal knowledge as a lesser included offense under a single...

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