McRAE v. UNITED STATES

No. 21980.

420 F.2d 1283 (1969)

Jack W. McRAE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 10, 1969.

Petition for Rehearing Denied November 18, 1969.


Attorney(s) appearing for the Case

Mr. Stephen A. Trimble, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert A. Ackerman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and ROBINSON, Circuit Judge.


BAZELON, Chief Judge.

The appellant advances a spate of reasons why his conviction for rape and assault with a dangerous weapon should be reversed. We agree with his contention that the trial judge erred under the circumstances in re-examining the pretrial decision by a different district judge to grant the defendant's motion to suppress various items of physical evidence seized at and after the time of his arrest. We also find that the out-of-court confrontation...

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