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McGUINN v. UNITED STATES

No. 10898.

191 F.2d 477 (1951)

McGUINN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1951.

Attorney(s) appearing for the Case

Joseph A. McMenamin, Washington, D. C., with whom Robert I. Miller, Washington, D. C., was on the brief, for appellant. Curtis P. Mitchell, Washington, D. C., also entered an appearance for appellant.

Joseph A. Sommer, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before CLARK, WILBUR K. MILLER, and BAZELON, Circuit Judges.

CLARK, Circuit Judge.

The appellant was convicted in the United States District Court for the District of Columbia by a jury on a two count indictment which charged rape pursuant to D.C.Code § 22-2801 (1940) and sodomy pursuant to D.C.Code § 22-3502 (1940). He has been sentenced to serve from four to twelve years in the penitentiary. From that final judgment he takes this appeal.

The appellant has urged numerous errors before this Court. He first...

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