Ballard v. United States

PRYOR, Associate Judge:

Appellant was charged in a three-count indictment with rape, D.C.Code 1973, § 22-2801, carnal knowledge, D.C.Code 1973, § 22-2801, and taking indecent liberties with a minor child, D.C.Code 1973, § 22-3501(a). Having been convicted of carnal knowledge, appellant seeks reversal on two grounds. We are thus confronted with the following issues: (1) whether carnal knowledge is a lesser included offense of rape, and (2) whether the trial court committed reversible error when it instructed the jury on carnal knowledge after informing counsel prior to closing argument that it…