UNITED STATES v. BRYANT

No. 22511.

420 F.2d 1327 (1969)

UNITED STATES of America v. Mack J. BRYANT, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided December 11, 1969.


Attorney(s) appearing for the Case

Mr. Paul J. Mode, Jr., Washington, D. C. (appointed by this court) for appellant.

Mr. Sandor Frankel, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., Roger E. Zuckerman and Nicholas S. Nunzio, Asst. U. S. Attys., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before WRIGHT, LEVENTHAL and ROBINSON, Circuit Judges.


LEVENTHAL, Circuit Judge.

In this case we hold that appellant's conviction for assault with intent to commit rape (in violation of D.C.Code § 22-501) must be reversed because the trial judge failed to instruct the jury on the need for corroboration of the testimony of the victim on the elements of the sex offense. However, both the evidence and the findings of the jury plainly support a conviction for assault, and in the interest of justice we do not require...

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