UNITED STATES V. HEINLEIN
490 F.2d 725 (D.C. 1973)
NATURE OF THE CASE: This was an appeal from a conviction for felony murder and rape.
FACTS: Heinlein (D) was charged with felony murder, murder in the second degree and rape.
D chose not to testify at trial. The only eyewitness to the events in question was James
Harding, a chronic alcoholic. Harding testified that he and the victim, Marie McQueen, had
been released from overnight incarceration for drunkenness. They then met D and the Walkers
after buying some wine and they went with the Walkers to their apartment. D then told Marie
that he wanted to have sex with her and she refused. D and the Walkers seized her and then
held her down and began to remove her clothing. Marie slapped D and he drew a knife and
inflicted a fatal wound. She was then carried down to the basement and left to die. Harding
testified that he could not help Marie due to his paralysis. Harding was arrested for
drunkenness a few hours later and made no report of the incident. D was arrested later that
day for drunkenness. Marie's body was found two days later by a neighbor. One day after that
Harding made a statement to the police that implicated D. During trial, expert evidence was
entered to establish that Harding had moderate to severe memory defect, 42 prior drunk
convictions, a 1950 conviction for forgery and uttering, a 1950 conviction for assault with
intent to commit rape, and a 1968-larceny conviction. D motioned to have Harding examined by
a psychiatrist to determine if he was competent to testify. That motion was overruled. D was
convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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