UNITED STATES v. CARY

No. 72-1109.

470 F.2d 469 (1972)

UNITED STATES of America v. Jerome E. CARY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

November 3, 1972.


Attorney(s) appearing for the Case

Mr. Raymond J. Rasenberger, and Mrs. Constance Berkley Margolin, Washington, D.C., (both appointed by this Court) were on the brief for appellant.

Messrs. Harold H. Titus, Jr., U.S. Atty., with whom John A. Terry, James E. Sharp, and William E. Reukauf, Asst. U.S. Attys. were on the brief for appellee.

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.


PER CURIAM:

The complainant in this prosecution was awakened about 2:45 a. m. on May 24, 1970 by someone in her bedroom. The intruder took a small amount of cash from the top of the television, and, after searching the complainant's pocketbook for more money raped her. Arriving upon complainant's call to the police, Officer Nixon found that a pane of glass had been removed from the back door to complainant's second floor apartment and had been placed next to the iron...

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