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FITZGERALD v. UNITED STATES

No. 13607.

443 A.2d 1295 (1982)

Walter L. FITZGERALD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 19, 1982.

Attorney(s) appearing for the Case

John F. Cooney, Washington, D. C., appointed by the court, for appellant.

Henry F. Greene, Asst. U. S. Atty., Washington, D. C., at the time the petition was filed, with whom Charles F. C. Ruff, then U. S. Atty., Carl S. Rauh, then Principal Asst. U. S. Atty., John A. Terry, Michael W. Farrell, Percy M. Russell, Jr., M. Lowell Brown, and Carol E. Bruce, Asst. U. S. Attys., Washington, D. C., were on the petition for appellee.

Before NEWMAN, Chief Judge, KELLY, KERN, NEBEKER, HARRIS, MACK, FERREN, and PRYOR, Associate Judges, and YEAGLEY and GALLAGHER, Associate Judges, Retired.

GALLAGHER, Associate Judge, Retired:

This case was heard before the court en banc and in accordance with custom the opinion of the hearing division (No. 13607, February 4, 1980) was vacated.

A jury found appellant guilty of assault with intent to commit rape. D.C.Code 1973, § 22-501.1 Appellant urges reversal of his conviction on the grounds (1) there was legally insufficient corroboration of the minor female complainant's...

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