Before DUFFY, Chief Judge, and PARKINSON and KNOCH, Circuit Judges.
Defendant Alandus Eugene Marshall was tried to a jury on indictment for the crime of rape in violation of Title 18, U.S.C. § 2031 and for feloniously taking money by force, violence, and intimidation, in violation of Title 18, U.S.C. § 2111, both offenses arising out of the same incident.
The jury found the defendant guilty as charged. Defendant's motions for judgment of acquittal at the end of the government's case, and at the close of all evidence; for new trial; and in arrest of judgment were overruled.
The District Judge committed defendant, who was 16 years old, to the custody of the Attorney General pursuant to the Federal Youth Corrections Act, Title 18, U.S.C. § 5005 et seq.
The evidence adduced at the trial showed that on April 1, 1958, the date of the alleged offenses, defendant and the prosecuting witness, Rebecca Anne Woods, were both residing in apartments located on the same floor of Building No. 31, at the Naval Air Station, Glenview, Illinois, a federal reservation. Defendant's father and Rebecca Anne Woods' husband were both in the U. S. Naval Service. There are between twenty-two and twenty-four apartments in the building. Mrs. Woods had been living there for about five months on April 1, 1958. She testified that she did not know defendant who had lived there since January 1958.
Mrs. Woods testified that when she returned from the grocery store, at about 11:00 A.M. on April 1, 1958, and opened the unlocked door of her apartment, she was pulled inside by the defendant, who, pointing a knife at her, told her not to scream, to place her groceries on the floor, and to disrobe. She testified further that while threatening her with the knife, defendant forcibly disrobed her and had carnal knowledge of her. She said that while this was happening, she and defendant both heard someone coming down the hall, that she told defendant it was probably her husband, whereupon defendant rose, took some money from her grocery bag, keeping $1.00 and throwing the rest on the bed; that he placed the knife in his belt, waited at the door while footsteps were heard to pass the door, and then left. Mrs. Woods testified that she then made several telephone calls, tried in vain to reach her husband, but did reach a friend who called the government security police. About an hour later, the defendant was placed outside of the building where Mrs. Woods could see him from the windows of her apartment. She failed to identify him at that time. She described the clothing, of the man she saw, as different from that worn by the defendant when he was in her apartment. In both instances, she said he wore a plaid shirt and an "Ivy League" cap, but she testified that the man outside her window wore darker trousers and a darker colored "Ivy League" cap. She also testified that when she had seen defendant standing inside the rear door of her building earlier that morning, he was wearing a plaid shirt and an "Ivy League" cap. She said that when she looked out her windows at him and failed to identify him, the windows were streaked, as though wet and unclear. She did, however, identify defendant later that day, picking him out of four men in a line-up, and she identified him at the trial.
The Master at Arms attached to the security department, James Edward Walsh, Sr., testified that he visited Mrs. Woods' apartment about 11:40 A.M. April 1, 1958, where he found her "redeyed", nervous, and "biting her nails"; that he made telephone calls to the Glenview Police Department and the Security Office, that he went to the Security Office where he found defendant, whom he brought back to the sidewalk in front of Building 31, at about 11:55 A.M. He then went into the apartment and asked Mrs. Woods to look at defendant, who was then standing approximately 59 feet from her. Walsh said that he had no difficulty in seeing defendant through the windows. His description of defendant's clothing at that time coincides with that given by Mrs. Woods.
James W. Carter, Seaman, attached to the Naval Air Station, testified that he had seen the defendant on the evening of March 31, 1958, wearing a leather coat with fringe and a white "Ivy League" hat.
Corporal William David LaBrosse, of the U. S. Marine Corps, who lived in the same building as defendant and Mrs. Woods, testified that shortly after 11:00 A.M., April 1, 1958, he was walking toward his apartment, when he heard a door click, turned to look, and saw defendant standing outside the door to the Woods' apartment with his hand on the door; that as LaBrosse watched, defendant hurriedly went toward and through the laundry room door, out of LaBrosse's view. LaBrosse described defendant as wearing clothing similar to that described by Mrs. Woods as worn by defendant when he was in her apartment. He testified further that he had seen the defendant earlier that morning, about 9:15 or 9:25 A.M. in the same clothing.
Defendant's mother testified that defendant had not left his apartment on April 1, until between 11:30 and 11:40 A.M.; that he returned shortly, met her in the hallway to give her the mail, and then set out again to catch the 12:15 P.M. bus to Evanston.
Defendant himself testified to the same general effect. He said further that he was asleep until between 10:30 and 11:00 A.M., and denied ever having been in Mrs. Woods' apartment or owning some of the items of clothing described by government witnesses.
Several witnesses testified to defendant's good general reputation.
In rebuttal, the government called Harvey Johnson, who gave evidence of interviews, in the Naval Air Station Security Office, with defendant and defendant's mother, at 8:50 and 9:00 P.M. respectively, on April 1, 1958. Johnson refreshed his recollection by reference to shorthand notes made during the interviews. He testified that defendant had said he got out of bed April 1, at approximately 10:00 or ...