Aaron Perry v. United States

FAHY, Circuit Judge.

At a jury trial appellant was convicted of rape, in violation of § 22-2801, D.C. Code (1951). Intercourse was not in dispute, so that the case against appellant turned upon whether there was consent, or, in contrast, circumstances which made out the crime of rape.

Certain statements of an incriminatory character 1 made to police officers by appellant were testified to by the officers at the trial. Appellant, taking the stand in his own defense, did not deny making the statements but said that some of the things he told the officers and to which they testified were not true.…