Spain v. United States

TERRY, Associate Judge:

Appellant was convicted of assault with intent to commit carnal knowledge 1 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

The evidence showed that appellant engaged in sexual misconduct with the ten-year-old niece of his girl friend. The niece, whom we shall call H., was spending the Martin Luther King holiday weekend with her…