Rolland Lindsey v. United States

A jury found appellant guilty of three counts of statutory rape, §§ 65-4-12, A.C.L.A.1949, and three counts of sodomy, Id. 65-9-10, committed upon the person of a fifteen-year-old girl, his adopted daughter. The District. Court sentenced appellant to a term of 12 years on each rape count and a term of 10 years on each sodomy count, all to run concurrently. This appeal.is from that judgment.

. At the trial, the Government called the girl as chief witness for the prosecution. On direct examination she testified in great detail as to the time, place and circumstances of the offenses charged in the indictment.

On cross-examination, in an effort to impeach her, the defense introduced in evidence certain of her letters and her affidavit, in which she in effect completely retracted all the allegations of sexual misconduct originally made when she first complained of appellant to the authorities.

To rehabilitate the witness, the Government called a duly qualified psychiatrist, who was permitted to testify: that on the basis of a complete, clinical examination, including batteries of psychological and personal tests:and a sodium-pentothal (‘(truth serum”) test, it was his professional…