United States v. Mack J. Bryant

LEVENTHAL, Circuit Judge.

In this case we hold that appellant’s conviction for assault with intent to commit rape (in violation of D.C.Code § 22-501) must be reversed because the trial judge failed to instruct the jury on the need for corroboration of the testimony of the victim on the elements of the sex offense. However, both the evidence and the findings of the jury plainly support a conviction for assault, and in the interest of justice we do not require a new trial but remand to the district court to determine, after hearing from counsel, whether to enter judgment and sentence for assault…