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UNITED STATES v. HUTCHINSON

No. 72-2091.

478 F.2d 997 (1973)

UNITED STATES of America v. Joe HUTCHINSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1973.

Attorney(s) appearing for the Case

George H. Shapiro, Washington, D. C., with whom Gary M. Epstein, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

David G. Larimer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT and ROBB, Circuit Judges, and DAVIES, Senior District Judge.

PER CURIAM :

Appellant was convicted of two counts of assault with intent to commit rape. 22 D.C.Code § 501 (Supp. V 1972). Chapter 28, Title 22, District of Columbia Code reads :

CHAPTER 28.—RAPE § 22-2801. DEFINITION AND PENALTY. Whoever has carnal knowledge of a female forcibly and against her will or whoever carnally knows and abuses a female child under sixteen years of age, shall be imprisoned for any term of years...

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