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FAIRBANKS v. UNITED STATES

No. 12539.

226 F.2d 251 (1955)

John S. FAIRBANKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1955.

Attorney(s) appearing for the Case

Mr. James J. Laughlin, Washington, D. C., for appellant. Mr. Albert J. Ahern, Washington, D. C., also entered an appearance for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant (defendant) was indicted for the crime of rape on one Bowles, and convicted of the crime of assault with intent to commit rape. His defense was consent on the part of the prosecutrix. The principal ground urged for reversal is based on objections to the admission of certain evidence concerning defendant's actions prior to the offense charged in the indictment. This evidence was introduced as part of the Government's case in chief...

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