Edward Hines, Appellant, v. United States of America, Appellee, 220 F.2d 381 (D.C. Cir. 1955)

Appellant was indicted, tried, convicted and sentenced to imprisonment for the crime of rape.¹ 

He urges that there was insufficient evidence to justify the verdict. The record discloses that there was ample testimony, properly corroborated, to sustain the conviction.

Appellant also contends that it was error to admit into evidence a manifest kept by a witness, who was a taxi driver. The exhibit met the requirements of the Federal Business Records Act, Title 28 U.S.C. § 1732(a), Supp. 1952, it being made in the usual course of business and within a reasonable time after the event in issue. Further, no prejudice has been shown in so far as admission of this item is concerned.

Appellant also complains that the trial court erred in admitting into evidence certain articles of wearing apparel worn by the victim, which were not turned over to the police until the morning after the crime. The reasons for the articles not being turned over until the next morning were adequately explained.

Appellant also claims that the trial court erred in submitting the question of the death penalty to the jury, particularly because the government did not ask for that penalty. In our opinion, the trial court properly instructed the jury. The court advised the jury that the government did not ask that penalty, and that they could take that fact into consideration. Further, the death penalty was not returned, and the defendant has not been prejudiced.

Affirmed.