United States v. Plummer

GEORGE W. LatimeR, Judge:

(dissenting)

I dissent.

Theré is no dispute in the facts of this case, arid unless the testimony of' the prosecutrix is unbelievable it establishes both charges of rape and assault with a dangerous weapon with intent to do great bodily harm. The accused did not take the witness stand to dispute the testimony of 'the prosecutrix, neither did he present evidence which cast any doubt on her version of the assault with a dangerous weapon. The doubt, if any, on the rape charge flows out of the weakening effect of the victim’s failure to complain and certain negative findings…