LAUGHLIN v. UNITED STATES

No. 19662.

368 F.2d 558 (1966)

Floyd Leroy LAUGHLIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 19, 1967.


Attorney(s) appearing for the Case

Dick Ivan Oberholtzer, James R. Bridges, San Francisco, Cal., for appellant.

Robert C. Williams, U. S. Atty., David Boerner, Asst. U. S. Atty., Stanley Barer, Seattle, Wash., for appellee.

Before POPE, BARNES and MERRILL, Circuit Judges.


PER CURIAM:

Appellant was tried and convicted by a jury of rape within the boundaries of a National Park. The victim was an unmarried twenty-six year old registered nurse, who was married at the time of the trial. The case was tried before the jury on the theory of mistaken identity — that while the appellant had driven past the scene of the crime within the park, he had not participated in it. Because of the appellant's previous record involving sex crimes...

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