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PERRY v. UNITED STATES

No. 14058.

253 F.2d 337 (1957)

Aaron PERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1957.

Writ of Certiorari Denied April 28, 1958.

Attorney(s) appearing for the Case

Mr. Harry M. Plotkin, Washington, D. C., with whom Mr. Leon R. Brooks, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., for appellee. Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Thomas Flannery, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and WASHINGTON, Circuit Judges.

Writ of Certiorari Denied April 28, 1958. See 78 S.Ct. 785.

FAHY, Circuit Judge.

At a jury trial appellant was convicted of rape, in violation of § 22-2801, D.C. Code (1951). Intercourse was not in dispute, so that the case against appellant turned upon whether there was consent, or, in contrast, circumstances which made out the crime of rape.

Certain statements of an incriminatory character1 made to police officers...

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