Tatum v. United States

BAZELON, Circuit Judge.

Appellant Ernest Tatum, a twenty-seven year old laborer, pleaded “not guilty” to an indictment charging him with the rape of complainant, a nine year old female child.1 Because appellant was without means to employ counsel, the court appointed a member of the bar to conduct his defense. Upon trial, the jury returned a verdict of “guilty” to which they added the words “with the death penalty” in accordance with their authority under the statute.

The evidence presented by the prosecution revealed that appellant was invited to *614visit the apartment of friends. He arrived at…