Miller v. United States

EDGERTON, Circuit Judge.

Appellant was convicted of assault with intent to commit carnal knowledge, under an indictment which charged that on or about June 9, 1952, he carnally knew a girl under sixteen and about fourteen years old. He was acquitted on a different count of the indictment which charged that he was the child’s father and committed incest with her.

The child testified that the appellant had sexual intercourse with her on June 9 and many previous occasions and that he attempted but failed to do so on June 10. He denied all her charges and also denied that he was her father.

We have…