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UNITED STATES v. DAVID

No. 72-2149.

511 F.2d 355 (1975)

UNITED STATES of America v. Reginald E. DAVID, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1975.

Attorney(s) appearing for the Case

Michael Schatzow, with whom Larry J. Ritchie, Washington, D. C. (both appointed by this Court), was on the brief for appellant.

Steven R. Schaars, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Roger M. Adelman, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WRIGHT, Circuit Judge and MERHIGE, United States District Judge for the Eastern District of Virginia.

BAZELON, Chief Judge:

On August 16, 1972, Reginald E. David was convicted in a non-jury trial of assault with intent to commit rape while armed,1 taking indecent liberties with a minor,2 and sodomy.3 Testimony at trial indicated that on October 28, 1971 the 13 year old prosecutrix was walking with two young girl friends in the parking lot of Robert F. Kennedy Stadium. A man approached...

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