UNITED STATES v. WILEY

Nos. 74-1471, 74-2119.

517 F.2d 1212 (1975)

UNITED STATES of America v. David A. WILEY, Appellant (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1975.


Attorney(s) appearing for the Case

Lois J. Schiffer, Washington, D. C., with whom Joseph N. Onek, Washington, D. C. (both appointed by this Court), was on the brief for appellant.

Gerard F. Treanor, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin, Peter C. Schaumber and Garey G. Stark, Asst. U. S. Attys., were on the brief for appellee.

Before TAMM, LEVENTHAL and ROBINSON,


Opinion for the Court filed by Circuit Judge LEVENTHAL.

Dissenting statement filed by Circuit Judge TAMM.

LEVENTHAL, Circuit Judge:

This appeal from a carnal knowledge conviction presents the question whether a retrial should be permitted when a previous conviction was reversed for error in denying a motion for judgment of acquittal.

An alleged assault on twelve-year-old Maxine Lewis resulted in a trial of appellant David...

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