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SMITH v. UNITED STATES

No. 17959.

332 F.2d 720 (1964)

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

United States Court of Appeals District of Columbia Circuit.

Decided April 23, 1964.

Attorney(s) appearing for the Case

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

Mr. William H. Willcox, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, DANAHER and McGOWAN, Circuit Judges.

DANAHER, Circuit Judge:

On appellant's first appeal from a conviction of housebreaking and rape, we reversed because of the prosecutor's prejudicial references in closing argument to a medical report not in evidence. A second trial also resulted in convictions on both counts.

Appellant now contends the trial judge should have granted his motion for acquittal because of allegedly insubstantial corroboration of the...

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