United States v. Charles Tony Bennett

Appellant and his two brothers were each convicted and sentenced to long terms for assault with intent to commit rape, in violation of 18 U.S.C. §§ 2 , 113(a) and rape, in violation of 18 U.S. C. §§ 2, 2031, committed while on a government reservation. Only appellant has appealed, raising the issues of (1) whether his conviction resulted from impermissibly suggestive photographic identification and (2) whether some source of names in addition to a voter list should have been prescribed by the district court’s plan for random selection of the jury panel. We find appellant’s contentions without merit and affirm his conviction.

On January 24, 1969, at about 11 P.M. two sisters, Betty, age 15, and Debra, age 17, and their dates, Steve and Roy-all, age 17 and 20 respectively, were kidnapped from their car at gun point by three men. The girls were put in the car of the three men, and the boys were put in its trunk. While the three men drove around in their car for about four hours, they threatened the boys and girls and repeatedly committed acts of rape on the girls. During this time, the boys were temporarily let out of the trunk at one of the several stops made where Steve was struck…