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TATUM v. UNITED STATES

No. 10540.

190 F.2d 612 (1951)

TATUM v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided May 5, 1951.

Attorney(s) appearing for the Case

George E. C. Hayes, Washington, D. C. (appointed by the District Court), for appellant.

Richard M. Roberts, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., Cecil R. Heflin, Joseph M. Howard, and Harold H. Bacon, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before CLARK, PRETTYMAN and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

Appellant Ernest Tatum, a twenty-seven year old laborer, pleaded "not guilty" to an indictment charging him with the rape of complainant, a nine year old female child.1 Because appellant was without means to employ counsel, the court appointed a member of the bar to conduct his defense. Upon trial, the jury returned a verdict of "guilty" to which they added the words "with the death penalty" in accordance with their...

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