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MALLORY v. UNITED STATES

No. 12915.

236 F.2d 701 (1956)

Andrew R. MALLORY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1956.

Certiorari Granted October 22, 1956.

Attorney(s) appearing for the Case

Mr. William B. Bryant, Washington, D. C. (appointed by the District Court), with whom Messrs. William C. Gardner, Joseph C. Waddy and William A. Tinney, Jr., Washington, D. C., were on the brief, for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty. at the time the brief was filed, and Messrs. Lewis Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.

Certiorari Granted October 22, 1956. See 77 S.Ct. 103.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted on a charge of rape. The jury added to the verdict the death penalty.1

Three points should be discussed. The first point concerns a confession. The rape occurred at about six o'clock in the evening on April 7, 1954, in the furnace room in the basement of the apartment house where the complaining witness...

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