Henry E. Higgins v. United States

BURGER, Circuit Judge:

This is an appeal from a conviction for assault with intent to commit rape, 22 D.C. Code § 501 (1967). The record shows that the complainant, a 73 year old woman, was viciously assaulted in a public alley as she was feeding her cat. The attack was described in detail by the complainant and two neighbors who saw the attack from an apartment overlooking the alley and who immediately called police. When police arrived they observed a man struggling with the complainant. When observed the attacker fled but was promptly apprehended and arrested. He was partially disrobed when…