United States v. Fuller

• Decision Date: 15 June 1965
• Docket Number: Crim. No. 898-64.
• Citation: 243 F. Supp. 203
• Parties: UNITED STATES of America, Plaintiff, v. William H. FULLER, Defendant.
• Court: U.S. District Court — District of Columbia

243 F. Supp. 203

UNITED STATES of America, Plaintiff, v. William H. FULLER, Defendant.

Crim. No. 898-64.

United States District Court District of Columbia.

June 15, 1965.

David Epstein, Asst. U. S. Atty., Washington, D. C., for the Government.

James K. Hughes and E. Grey Lewis, Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This case is before the Court at this time on the defendant's motion for judgment notwithstanding the verdict as to one of the three counts of the indictment.

The defendant was indicted on charges of murder and rape. The first count of the indictment charged murder while perpetrating and attempting to perpetrate the crime of rape, which constitutes murder in the first degree. The second count also charged murder in the first degree as a premeditated murder. The third count charged rape. The jury found the defendant guilty on the first count with a recommendation of life imprisonment.¹ On the second count the jury found the defendant guilty of a lesser included offense of manslaughter. It found the defendant guilty of rape on the third count. The defendant moves for judgment notwithstanding the verdict as to the third count, and raises the question whether the corpus delicti was sufficiently proven.

The dead body of the deceased was found in an alley. The surrounding facts indicated that a violent struggle had occurred between her and her assailant. Within a few hours the detectives of the Homicide Squad of the Metropolitan Police Department traced the offense to the defendant. He promptly made a confession, admitting that he attacked and raped the deceased and that during the act of sexual intercourse he hit her on the head in order to prevent her from screaming. The blow silenced her.²

It is an elementary principle that a person may not be convicted of a crime on his uncorroborated confession. In addition to the confession, there must be independent proof of the fact that a crime was committed by some one. This is known as proof of the corpus delicti. A confession may then be used to prove that the defendant was the perpetrator of the offense. A well known instance is that in a murder case it is necessary to prove that the victim is dead and that he met his death by criminal means. The defendant's confession may be introduced to prove that he committed the murder.

It is well established, however, that the corpus delicti need not be proved beyond a reasonable doubt. It may be shown by circumstantial evidence. It is sufficient if evidence of corpus delicti, coupled with the defendant's confession, establishes his guilt beyond a reasonable doubt. So, too, the proof of corpus delicti need not be complete. The defendant's confession may be considered in connection with extrinsic evidence of the corpus delicti to establish the commission of the crime as well as the defendant's connection with it. If there is substantial evidence of the corpus delicti independent of the confession and the two together are convincing beyond a reasonable doubt of the commission of the crime and of the defendant's guilt, this is sufficient to sustain a conviction. Ercoli v. United States, 76 U.S.App.D.C. 360, 362-363, 131 F.2d 354; George v. United States, 75 U.S.App.D. C. 197, 201, 125 F.2d 559; People v. Peters, 149 Cal.App.2d 94, 308 P.2d 42; Nickels v. State, 90 Fla. 659, 106 So. 479; State v. Traufer, 109 Mont. 275, 97 P.2d 336; State v. Romo, 66 Ariz. 174, 185 P.2d 757, 765; State v. Cardwell, 90 Kan. 606, 135 P. 597, L.R.A. 1916B, 745.

In a rape case, penetration, although it is an essential element of the offense, may be proven by circumstantial evidence. Direct medical testimony on the subject is not required. People v. Peters, 149 Cal.App.2d 94, 308 P.2d 42; People v. Singh, 93 Cal.App. 32, 268 P. 958; Nickels v. State, 90 Fla. 659, 106 So. 479.

In the case at bar, the body of the deceased was found lying on its back, the legs spread apart, the...