FARRAR v. UNITED STATES

No. 15223.

275 F.2d 868 (1959)

Pleasant D. FARRAR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 11, 1959.

Petition for Rehearing Denied February 16, 1960.

Opinion Amended February 18, 1960.


Attorney(s) appearing for the Case

Mr. John E. Nolan, Jr., (appointed by this court), Washington, D. C., for appellant.

Mr. Harold H. Titus, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

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


Petition for Rehearing In Banc Denied February 16, 1960.

EDGERTON, Circuit Judge.

Appellant, charged with rape, waived a jury trial and was convicted by a judge.

The complaining witness was an 18-year old girl to whom intercourse was not a new experience. Late at night appellant, a stranger to the girl, accosted her in a street, and they walked together two or three blocks to his room. They undressed and had intercourse. About 45 minutes later they...

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