Bernard Smith v. United States

Appellant was indicted for housebreaking, D.C.Code Ann. § 22-1801 (1961) and for rape, D.C.Code Ann. § 22-2801 (1961). Pie was tried before a jury and convicted on both counts and sentenced to concurrent terms of three to ten years in prison.

The housebreaking and rape took place on May 17, 1961, at approximately 5 a. m. and were promptly reported to the police. Shortly thereafter the complaining witness was taken to D.C. General Hospital where she was examined by a Dr. La-rocca, who made a report of his findings. In preparing for trial, the government, pursuant to the requirements of 18…