WASHINGTON v. UNITED STATES

No. 20233.

379 F.2d 166 (1967)

Thomas H. WASHINGTON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1967.


Attorney(s) appearing for the Case

Mr. John H. Harmon, III, Washington, D. C., for appellant.

Mr. Scott R. Schoenfeld, Asst. U. S. Atty., with whom Mr. David G. Bress, U. S. Atty., Mr. Frank Q. Nebeker and Mr. Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee. Miss Carol Garfeil, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, DANAHER, Circuit Judge, and COFFIN, Circuit Judge for the United States Court of Appeals for the First Circuit.


COFFIN, Circuit Judge:

Appellant was convicted by a jury of a rape committed at about two a. m. on August 6, 1965, in Fairlawn Park.

The defense was alibi. Both the victim and her escort identified appellant as the assailant. The issue before the jury, therefore, was the reliability of the identification. That issue turned on the physical conditions at the scene of the crime.

The testimony before the jury was that the part of the park where the attack...

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