UNITED STATES v. BROWN

No. 79-1016.

422 A.2d 1281 (1980)

UNITED STATES, Appellant, v. Willie BROWN, Jr., Appellee.

District of Columbia Court of Appeals.

Decided October 14, 1980.


Attorney(s) appearing for the Case

Richard C. Bicki, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and James M. Hanny, Asst. U. S. Attys., Washington, D. C., were on brief, for appellant.

Joseph D. Gallagher, Rockville, Md., appointed by the court, with whom J. Theodore Wieseman, Rockville, Md., was on brief, for appellee.

Before KELLY, NEBEKER and PRYOR, Associate Judges.


NEBEKER, Associate Judge:

The government appeals from the trial court's grant of appellee's motion to dismiss. There are two issues presented:1 whether the offenses of armed rape and armed assault with intent to kill under D.C. Code 1973, §§ 22-2801, -3202, -501, are subject to the general statutes of limitation prescribed in 18 U.S.C. §§ 3281, 3282 (1976), and if so, whether rape is a capital offense subject to no...

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