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U.S. Court of Appeals for the D.C. Circuit, 1963

Charles Clemons v. United States

Charles Clemons v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided January 31, 1963 · Bazelon, Miller, Burger
314 F.2d 278; 114 U.S. App. D.C. 273 (Federal Reporter, Second Series)

Counsel

Mr. Charles J. McKerns, Washington,. D. C., with whom Mr. John B. Jacob, Washington, D. C. (appointed by this, court), was on the brief, for appellant., Mr. Robert A. Levetown, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys.,. were on the brief, for appellee.

Charles Clemons v. United States

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Opinion

PER CURIAM.

Convicted of raping an 80-year-old’, woman in her apartment, Clemons appeals. He asserts the evidence against, him was insufficient, as a matter of law,, to go to the jury, and that the prosecuting-attorney in his closing argument drew the jury’s attention to the fact that he-did not take the stand.

The victim was unable to identify her assailant except to the extent of saying-he was a light-skinned Negro wearing-a red flowered sport shirt and a narrow-brimmed straw hat. But strong circumstantial evidence that Clemons was the-attacker 1 amply justified submitting the-case to the jury, and fully warranted that, body in returning a verdict of guilty as-charged.

In our view, the challenged remarks of' the prosecutor did not refer to appellant’s.:, failure to testify.

Affirmed.

1

. For example, a baseball ticket stub, admittedly used by appellant earlier in the evening, was found on the floor in the-room in which the rape occurred.

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