George Younger, Jr. v. United States

BASTIAN, Circuit Judge.

Defendant [appellant] was charged in a two count indictment, the first count charging that he made an assault upon a female child under the age of sixteen years, that is, of the age of ten years, with intent to commit carnal knowledge, 1 and the second count charging petit larceny. 2

The trial court, in its charge, instructed the jury that, in the event they found the defendant not guilty under the count charging assault with intent to commit carnal knowledge, they should proceed to consider whether the defendant was guilty or not guilty of the offense of taking indecent…