Berryman v. United States

NEWMAN, Chief Judge:

Convicted by a jury of assault with intent to commit rape while armed, assault with intent to comment rape, and assault with a dangerous weapon, appellant contends on appeal that the trial court committed reversible error by (1) denying his motion for a court-ordered lineup and (2) by permitting the case to go to a jury when the government had failed to establish a prima facie case. We affirm. 1

On November 12, 1975, at approximately 7:30 p. m., complainant was accosted by a man at gunpoint in the northwest section of this city. While the previous heavy rain had stopped, it…