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TATUM v. UNITED STATES

No. 13354.

249 F.2d 129 (1957)

Ernest TATUM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 6, 1957.

Petition for Rehearing Denied December 6, 1957.

Attorney(s) appearing for the Case

Mr. Thomas J. Dougherty, Washington, D. C., with whom Mr. Jerome H. Heckman, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied December 6, 1957.

BURGER, Circuit Judge.

Appellant was convicted of carnal knowledge of a nine-year-old child, following reversal of a prior conviction by this court.1 The points raised on this appeal concern the admissibility of certain medical testimony and the necessity of certain instructions.

The first question is whether the trial court erred in admitting the testimony of an expert...

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