Andrew R. Mallory v. United States

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted on a charge of rape. The jury added to the verdict the death penalty.1

Three points should be discussed. The first point concerns a confession. The rape occurred at about six o’clock in the evening on April 7, 1954, in the furnace room in the basement of the apartment house where the complaining witness lived. The assailant was masked. The janitor’s quarters were also in the basement and were occupied by the janitor and his wife, two grown sons, and a younger son. Appellant Mallory, a half brother of the janitor, had also…