Artis S. Washington v. United States

BURGER, Circuit Judge.

This is an appeal from a conviction of housebreaking (with intent to steal) and of assault. The assault victim, a thirteen year old girl, and her grandfather were sleeping in his ground floor living room where they had gone after the child had been frightened by some noise in her bedroom. The child testified that she suddenly awoke to find an intruder, whom she identified at a subsequent line-up and at trial as appellant, with his hand on the bottom of her blouse. She related that, when she screamed, the intruder put his hands on her neck, told her to shut up, and then…