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ROBINSON v. UNITED STATES

No. 8467.

136 F.2d 283 (1943)

ROBINSON v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Decided June 22, 1943.

Attorney(s) appearing for the Case

Mr. Nathan A. Dobbins, of Washington, D. C., submitted the case on the brief for appellant.

Mr. John P. Burke, Assistant United States Attorney, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney, and Charles B. Murray, Assistant United States Attorney, both of Washington, D. C., were on the brief, submitted the case on the brief for appellee.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

PER CURIAM.

Appellant was tried and convicted in the District Court of assault with intent to commit rape. On the trial the prosecutrix testified in substance as follows:

On the early morning of July 16, 1942, I was asleep in an apartment on Warder Street, Northwest, in the City of Washington, and woke up suddenly to discover that there was someone lying beside me on the bed. He started choking me, and I could not even make gurgling sounds. Finally he let...

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