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LYNN v. UNITED STATES

No. 9879.

172 F.2d 764 (1949)

LYNN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1949.

Attorney(s) appearing for the Case

Mr. W. Theophilus Jones, of Washington, D. C., with whom Mr. Otho D. Branson, of Washington, D. C., was on the brief, for appellant.

Mr. Edward L. Carey, Assistant United States Attorney, of Fairlington, Va., with whom Messrs. George Morris Fay, United States Attorney, John D. Lane and Sidney S. Sachs, Assistant United States Attorneys, all of Washington, D. C., were on the brief for appellee. Mrs. Grace B. Stiles, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON and WILBUR K. MILLER, Circuit Judges, and HOLTZOFF, District Judge, sitting by designation.

PER CURIAM.

This appeal is from a conviction of assault with intent to rape. Appellant disputes the sufficiency of the evidence. But from what he said and did during the violent assault he committed upon a woman he did not know, we think it may well be regarded as clear beyond a reasonable doubt that he intended to commit rape. Cf. Robinson v. United States, 78 U.S.App.D.C. 63, 136 F.2d 283. The Hammond case (Hammond v. United States...

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