United States v. David A. Wiley, (Two Cases)

LEVENTHAL, Circuit Judge:

This appeal from a carnal knowledge conviction presents the question whether a retrial should be permitted when a previous conviction was reversed for error in denying a motion for judgment of acquittal.

An alleged assault on twelve-year-old Maxine Lewis resulted in a trial of appellant David A. Wiley and conviction on the count charging carnal knowledge, in violation of 22 D.C.Code § 2801 (1973).1 On appeal, this court held that there was insufficient corroboration of the corpus delicti.2 This court reversed the conviction, without either directing the District Court…