James Carlton v. United States

The defendant was indicted and tried upon a charge of rape in violation of 18 U.S.C. § 2031 . The jury returned a verdict of guilty of assault with intent to commit rape in violation of 18 U.S.C. § 113 (a). The actions which are the subject matter of the charges occurred at a Federal Job Corps Center within the District of Oregon. Jurisdiction in this Court is based upon 28 U.S.C. § 1291 .

The defendant was a Job Corps worker and the prosecutrix who was a 19-year-old married woman, was a telephone operator employed at the Job Corps Center. The testimony indicated that the defendant stealthily came up behind the prosecutrix, who was not acquainted with him, while she was on duty in the office of an otherwise vacant building. He grabbed her and a struggle ensued in which the prosecu-trix was thrown to the floor and her clothing was partially removed. At that moment the switchboard rang. The defendant allowed the prosecutrix to rearrange her clothing and answer the phone. The defendant, however, blocked the only avenue of escape. The prosecutrix attempted to signal the other party on the phone, but her efforts were unavailing. Following the phone conversation, the prosecutrix…