What is the test for asserting that a defendant has been found guilty of assault by reason of sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lamont, 565 F.2d 212 (2nd Cir. 1977):
We need say no more than that just about everything with which we are concerned on this point has been treated adequately in United States v. Tourine, 428 F.2d 865, 868-870 (CA 2 1970), cert. denied, sub nom. Burtman v. United States, 400 U.S. 1020, 91 S.Ct. 581, 27 L.Ed.2d 631 (1971).
We perceive no error in the procedure adopted and so applied.
Following the instructions, the judge canvassed with defense counsel variously asserted
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