LEWIS v. UNITED STATES

Nos. 15300, 15301.

278 F.2d 33 (1960)

James N. LEWIS, Appellant, v. UNITED STATES of America, Appellee. Theodore SIMMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1960.


Attorney(s) appearing for the Case

Mr. Alfred V. J. Prather, Washington, D. C. (appointed by this court), for appellants.

Mr. Fred McIntyre, 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 PRETTYMAN, Chief Judge, and EDGERTON and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

Appellants, Lewis and Simms, were indicated with three other men on the charge of rape. Four defendants, including appellants herein, were convicted of the crime of assault with intent to commit rape. The fifth defendant was not brought to trial because it was determined that he was mentally incompetent. After the verdict of the jury, finding appellants guilty, and on December 20, 1957, they were sentenced.

Nearly a year later, on December...

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