Gray v. United States

BELSON, Associate Judge:

Appellant was convicted of one count of rape in violation of D.C.Code § 22-2801 (1981). On appeal, he contends that his conviction should be overturned because the trial court failed to instruct the jury, sua sponte, that it must reach unanimity with respect to the particular set of facts that constituted the rape. Finding no plain error in the court’s failure to give a special unanimity instruction, we affirm.

Appellant was indicted on two counts of rape and one count of sodomy, all relating to a set of events that occurred at about 10:00 on the evening of November…