United States v. Luther Amos Beahm

WINTER, Circuit Judge:

Luther Beahm appeals his conviction by a federal jury on two counts of taking indecent liberties with children on a United States military installation in Virginia.1 He contends that the district court improperly permitted the introduction of prejudicial evidence and erroneously instructed the jury. We agree, in part, and therefore reverse the judgment of conviction and award a new trial.

I

Two boys, ages nine and twelve, were fishing in a pond on Fort Bel voir, Virginia, on August 19, 1979, when they were each approached by a man subsequently identified as the defendant.…