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UNITED STATES v. WILEY

No. 72-1878.

492 F.2d 547 (1973)

UNITED STATES of America v. David A. WILEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 12, 1973.

Rehearing Denied January 4, 1974.

Attorney(s) appearing for the Case

John G. Keller, Washington, D. C., with whom Lois J. Schiffer, Washington, D. C. (both appointed by this Court), was on the brief, for appellant.

William A. White, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Kenneth Michael Robinson, Asst. U. S. Attys., were on the brief, for appellee. Peter C. Schaumber, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, WISDOM, Circuit Judge for the Fifth Circuit, and WILKEY, Circuit Judge.

WISDOM, Circuit Judge:

David Wiley, the appellant, and Eugene Cunningham, a co-defendant, were arrested on March 17, 1971, in connection with an alleged sexual assault on the same date on twelve-year old Maxine Lewis. By a two-count indictment filed May 25, 1971, they were charged with carnal knowledge (22 D.C.Code § 2801) and taking indecent liberties with a minor child (22 D.C.Code § 3501(a)). Wiley was tried separately on May 22, 1972. After a jury trial...

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