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BABER v. UNITED STATES

No. 17348.

324 F.2d 390 (1963)

William A. BABER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1963.

Attorney(s) appearing for the Case

Mr. Newell A. Clapp, Washington, D. C. (appointed by this court), with whom Mr. Robert M. Lichtman, Washington, D. C., was on the brief, for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from a conviction of housebreaking (D.C.Code, § 22-1801 (1961)), and assault with intent to rape (D.C.Code, § 22-501 (1961)). It is contended that the evidence taken as a whole was insufficient to permit conviction on either count, and that certain important evidence was erroneously admitted.

The complaining witness testified as follows: She went to bed about 2:30 or 3:00 on the morning of September 10...

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