United States v. William Sheard, A/K/A William Nixon

TAMM, Circuit Judge:

Appellant, William Sheard, was indicted on February 2, 1970, in connection with the brutal rape-murder of a five year old girl. The indictment included four counts: felony murder, first degree murder, rape, and taking indecent liberties with a minor. Subsequently tried and convicted of felony murder and rape, appellant was sentenced to concurrent terms of twenty years to life on the felony murder count and of ten to thirty years on the rape count. This appeal followed.

I

On the evening of November 1, 1969, five year old Penny Sellers, together with her older sister Denise,…