Miller v. United States

ROBB, Associate Justice.

The appel-ant, Benjamin Miller, hereinafter referred to as the defendant, was convicted in the Supreme Court of the District of Columbia of an assault on his daughter, a child of 13 years, with intent carnally to know her, and sentenced to the penitentiary for 10 years.

In his opening statement to the jury the district attorney- directed attention to the character of the charge in the indictment and to the allegation that the assault had been committed “on or about July 3, 1925,” and stated that the evidence would show it was actually committed on the night of August…