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UNITED STATES v. SMITH

No. 8491.

303 F.2d 341 (1962)

UNITED STATES of America, Appellee, v. Robert Jack SMITH, Appellant,

United States Court of Appeals Fourth Circuit.

Decided May 11, 1962.

Attorney(s) appearing for the Case

Robert G. Doumar and W. Farley Powers, Jr., Norfolk, Va. (Court-assigned counsel), for appellant.

Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on the brief), for appellee.

Before BOREMAN, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Error is laid to the District Court's charge in the conviction of Robert Jack Smith of rape. The submission was faulty, the appellant stresses — and we too think — in dealing with the weight to be accorded the prosecutrix' testimony, and in admonishing the jurors with regard to their duty to reach a verdict.

The District Judge charged:

"If you believe beyond a reasonable doubt that the testimony of Betty...

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