FACTS: Defendant appealed his assault with intent to commit rape conviction, challenging evidentiary rulings and the failure to instruct the jury on an assault charge, and alleging that the Major Crimes Act, 18 U.S.C.S. § 1153, violated the U. S. Const. XIV equal protection clause.
CONCLUSION: The court affirmed defendant's conviction of assault with intent to commit rape because victim's statements to doctor were pertinent to diagnosis, statements to police officer one hour after assault were excited utterances, and denial of jury instruction on assault by striking was proper because it was not lesser included offense.
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