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UNITED STATES v. TERRY

No. 22547.

422 F.2d 704 (1970)

UNITED STATES of America v. Tyrone TERRY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1970.

Petition for Rehearing Denied February 10, 1970.

Attorney(s) appearing for the Case

Mr. Charles E. Yonkers, Washington, D. C. (appointed by this court) for appellant.

Mr. Donald B. Nicholson, Special Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Messrs. David G. Bress, U. S. Atty. at the time the record was filed, John A. Terry and Theodore Wieseman, Asst. U. S. Attys., also entered appearances for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and TAMM, Circuit Judges.

TAMM, Circuit Judge:

Appellant was charged in a two-count indictment with taking indecent liberties with a minor child (22 D.C.Code § 3501 (1967)) and assault with intent to commit carnal knowledge (22 D.C.Code § 501 (1967)). He was tried by a jury in the district court and found guilty on both counts; however, the trial judge set aside the verdict on the indecent liberties count because the jury had been instructed not to consider this charge if it found...

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