United States v. John Louis Weems, United States of America v. Eugene Washington

SOBELOFF, Circuit Judge:

Appealing from their conviction for kidnaping, 18 U.S.C.A. § 1201(a), 1 defendants Washington and Weems raise two principal contentions for our consideration. They maintain that their cause was unduly prejudiced by references, both in the indictment and at trial, to an assault, rape and other criminal acts committed upon the victim of the kidnap which are claimed by the defendants to be irrelevant to the offense charged. Appellants further contend that the prosecutor, in his summation to the jury, improperly called attention to their failure to testify. We find no…