BERRYMAN v. UNITED STATES

No. 11366.

378 A.2d 1317 (1977)

Robert Lee BERRYMAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 7, 1977.


Attorney(s) appearing for the Case

Melvin M. Burton, Jr., Washington, D.C., for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, Joseph B. Valder and Thomas J. Tourish, Jr., Asst. U. S. Attys., Washington, D.C., were on the brief for appellee.

Before NEWMAN, Chief Judge, and KERN and HARRIS, Associate Judges.


NEWMAN, Chief Judge:

Convicted by a jury of assault with intent to commit rape while armed, assault with intent to comment rape, and assault with a dangerous weapon, appellant contends on appeal that the trial court committed reversible error by (1) denying his motion for a court-ordered lineup and (2) by permitting the case to go to a jury when the government had failed to establish a prima facie case. We affirm.1

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