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LOVELY v. UNITED STATES

No. 5843.

175 F.2d 312 (1949)

LOVELY v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

May 24, 1949.

Attorney(s) appearing for the Case

James F. Dreher and David W. Robinson, Columbia, S. C., for appellant.

Louis M. Shimel, Assistant U. S. Attorney, Charleston, S. C. (Ben Scott Whaley, U. S. Attorney, Charleston, S. C., and Henry H. Edens, Assistant U. S. Attorney, Columbia, S. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

William Theodore Lovely (hereinafter called accused) was convicted, at his first trial, of rape committed upon a federal reservation. We set aside the judgment of conviction 4 Cir., 169 F.2d 386, and ordered a new trial. At this second trial accused was again convicted and, upon the jury's verdict of guilty without capital punishment, he was sentenced to life imprisonment. In this appeal by accused, his counsel...

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