Scott v. State

Wilner, J., concurs and filed a concurring opinion at page 328 infra.

*324This appeal concerns both the guilt stage and the penalty stage of the trial of Joseph H. Scott, a/k/a Rozette Waters, on an indictment for the commission of a sexual offense in the first degree in violation of Article 27, Section 464 of the Maryland Code. After a bench trial in the Criminal Court of Baltimore (Arabian, J.), appellant was found guilty and sentenced to a term of 40 years. He presents three questions:

“1. If the only credible evidence of the victim’s age indicated he was 14 at the time of the incident resulting…