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GOUDY v. UNITED STATES

No. 83-1357.

495 A.2d 744 (1985)

Peter GOUDY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 17, 1985.

Attorney(s) appearing for the Case

Blair G. Brown, Public Defender Service, Washington, D.C., for appellant.

Bradley L. Kelly, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before NEBEKER, NEWMAN and TERRY, Associate Judges.

NEBEKER, Associate Judge:

Appellant was acquitted by reason of insanity of rape, D.C. Code § 22-2801 (1981). At the time of the offense he was, under a civil commitment order, in St. Elizabeths Hospital. The victim, 77 years old, was also committed to the hospital as an incompetent. On appeal, Goudy contends that the trial court erred in holding that D.C. Code § 22-2801 encompasses nonforcible sexual intercourse...

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