United States v. Hilton Benn, Jr., United States of America v. James W. Hunt

BAZELON, Chief Judge:

Appellants were indicted for rape while armed,1 rape,2 and assault with a dangerous weapon.3 The court dismissed the rape charges and appellants were convicted of assault with intent to commit rape while armed4 and assault with a dangerous weapon. Appellant Hunt was also convicted on charges of carrying a dangerous weapon.5 The issues are: (1) whether the trial judge erred in failing to order a psychiatric examination of the mentally retarded prosecutrix for the purpose of the court’s determination of competency or to aid the jury in assessing the credibility of her…