James Allen Whittaker v. United States

Defendant [appellant] was charged, in a two-count indictment, of violation of the Miller Act (taking indecent liberties with a child), 1 and carnal knowledge. 2 The trial judge found the evidence insufficient to support the charge of carnal knowledge and instructed the jury that, on the second count, it could find the defendant guilty only of the crime of assault with intent to commit carnal knowledge. Defendant was found guilty on the Miller Act charge, and, as well, guilty of assault with intent to commit carnal knowledge. He was given concurrent sentences within the penalties prescribed…