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SPAIN v. U.S.

No. 93-CF-1574.

665 A.2d 658 (1995)

Edward M. SPAIN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 2, 1995.

Attorney(s) appearing for the Case

Stephen F. Brennwald, Takoma Park, MD, appointed by the court, was on the brief, for appellant.

Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Thomas C. Black, Julieanne Himelstein, and Lenese C. Herbert, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY, FARRELL, and KING, Associate Judges.

TERRY, Associate Judge:

Appellant was convicted of assault with intent to commit carnal knowledge1 and taking indecent liberties with a minor child.2 On appeal he contends that these two offenses merged into one, and that the trial court erred in allowing the jury to treat them as two separate offenses and to find him guilty of both. We disagree and accordingly affirm both convictions.

I

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