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GOVERNMENT OF VIRGIN ISLANDS v. BODLE

No. 17551.

427 F.2d 532 (1970)

GOVERNMENT OF the VIRGIN ISLANDS v. Albion William BODLE, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 20, 1970.

Attorney(s) appearing for the Case

Socrates Mamakos, Mamakos & Mallick, San Francisco, Cal., John E. Stout, San Francisco, Cal., on the brief for appellant.

Robert M. Carney, U. S. Atty., Charlotte, Amalie, V. I., Almeric L. Christian, U. S. Atty., Vincent A. Colianni, Asst. U. S. Atty., Charlotte Amalie, V. I., on the brief for appellee.

Before HASTIE, Chief Judge, and STALEY and GANEY, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

Albion William Bodle appeals from a judgment of conviction and sentence rendered in the District Court of the Virgin Islands after a jury trial. The jury returned a verdict of guilty against the appellant for forcible rape. A second count in the indictment, charging rape by intoxication, was not submitted to the jury because the evidence adduced by the government fell short of proving it. Shortly after the completion...

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