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HARLEY v. UNITED STATES

No. 9901.

373 A.2d 898 (1977)

Ronald HARLEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 19, 1977.

Attorney(s) appearing for the Case

Robert Case Liotta, Washington, D.C., appointed by the court, for appellant.

Neil A. Kaplan, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and William D. Pease, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before KELLY, KERN and GALLAGHER, Associate Judges.

KELLY, Associate Judge:

Appellant Harley was convicted by a jury of assault with intent to rape and sodomy.1 On appeal he contests the denial of a motion to suppress his photographic, lineup, and in-court identifications by the complaining witness, and contends also that the government failed to prove the complainant's lack of consent. We find no merit in these contentions and affirm.

Shortly after 11:00 p. m. on the evening of...

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