Legal Opinion

Fitzgerald v. United States

District of Columbia Court of Appeals

Decided February 4, 1980No. 13607PublishedCited by 11 opinions

1Opinion of the Court

GALLAGHER, Associate Judge:

A jury found appellant guilty of assault with intent to commit rape. D.C.Code 1973, § 22-501. 1 Appellant urges reversal of his conviction on the grounds (1) there was legally insufficient corroboration of the minor female complainant’s testimony to warrant submission of the case to the jury, (2) the trial court erroneously failed to instruct the jury that in order to convict, it must first find complainant’s testimony corroborated by independent evidence, and (3) the court improperly admitted hearsay testimony regarding the alleged assault. 2 We reverse. 3

I

It was…

2Cases cited43 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Watts v. United StatesDistrict of Columbia Court of Appeals · 1976
  3. Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  4. Arnold v. United StatesDistrict of Columbia Court of Appeals · 1976
  5. Wheeler v. United StatesCourt of Appeals for the D.C. Circuit · 1954

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3Cited by11 opinions

  1. Warren v. United StatesDistrict of Columbia Court of Appeals · 1981
  2. Alston v. United StatesDistrict of Columbia Court of Appeals · 1983
  3. United States v. SandovalUnited States Court of Military Appeals · 1984
  4. Fitzgerald v. United StatesDistrict of Columbia Court of Appeals · 1984
  5. United States v. KeattsU.S. Army Court of Military Review · 1985

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