Legal Opinion

Bennett v. State

Court of Appeals of Maryland

Decided November 16, 1964No. 101Published

1Per curiam

Convicted of the rape of a fifteen-year old girl and sentenced to a term of fifteen years, the appellant contends that the evidence presented to a three-judge court was insufficient to show force and a lack of consent. We do not agree. There was evidence to support the verdict. Cf. Hazel v. State, 221 Md. 464. The major contention seems to be that court-appointed counsel at the trial was incompetent, relying upon Smallwood v. Warden, 205 F. Supp. 325. That case is readily distinguishable on the facts.

The election of the accused to take the stand, as he did, and to admit the intercourse and…

2Cases cited4 opinions

  1. Hazel v. StateCourt of Appeals of Maryland · 1960
  2. Stevens v. StateCourt of Appeals of Maryland · 1962
  3. Smallwood v. Warden, Maryland PenitentiaryDistrict Court, D. Maryland · 1962
  4. Greene v. StateCourt of Appeals of Maryland · 1964

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