United States v. Robert Jack Smith

ALBERT V. BRYAN, Circuit Judge.

Error is laid to the District Court’s charge in the conviction of Robert Jack Smith of rape. The submission was faulty, the appellant stresses—and we too think—in dealing with the weight to be accorded the prosecutrix’ testimony, and in admonishing the jurors with regard to their duty to reach a verdict. The District Judge charged:

“If you believe beyond a reasonable doubt that the testimony of Betty Carolyn Kolb [the prosecutrix] was not so inherently incredible or so contrary to human experience or usual human behavior as to render it unworthy of belief, then…