United States v. Joseph Leroy Milby and Andy K. McClellan

O’SULLIVAN, Circuit Judge.

Joseph Leroy Milby and Andy K. McClellan appeal from judgments convicting them, upon jury trial, of “assault with intent to commit a felony, that is, sodomy” upon a named person (Count I. of the involved indictment) and the taking of a wrist watch from said person, “by force, violence and intimidation”' (Count II of the indictment), in violation of 18 U.S.C. §§ 113(b) and 2111, respectively. 1

They were tried in the United States District Court for the Western District of Kentucky, jurisdiction under the mentioned statutes being grounded on the special territorial…