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SMITH v. UNITED STATES

No. 16913.

312 F.2d 867 (1962)

Bernard SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 13, 1962.

Attorney(s) appearing for the Case

Messrs. Jo V. Morgan, Jr., and Gilbert Hahn, Jr., Washington, D. C. (both appointed by the District Court), with whom Mr. Mark B. Sandground, Washington, D. C., was on the brief, for appellant.

Mr. Paul A. Renne, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Joel D. Blackwell, and Nathan J. Paulson, Asst. U. S. Attys., at the time the brief was filed, were on the brief, for appellee. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.

Before WASHINGTON, BURGER and WRIGHT, Circuit Judges.

PER CURIAM.

Appellant was indicted for housebreaking, D.C.Code Ann. § 22-1801 (1961) and for rape, D.C.Code Ann. § 22-2801 (1961). He was tried before a jury and convicted on both counts and sentenced to concurrent terms of three to ten years in prison.

The housebreaking and rape took place on May 17, 1961, at approximately 5 a. m. and were promptly reported to the police. Shortly thereafter the complaining witness was taken to D.C. General Hospital...

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