Smith v. State

Shulman, Chief Judge.

Appellant was convicted of rape, aggravated sodomy, robbery, and possession of cocaine. Having been permitted to file an out of time appeal, he now takes issue with the trial court’s failure to direct verdicts of acquittal, the court’s admission of testimony regarding the victim’s out of court identification of appellant as her assailant, and one of the jury instructions given by the trial court.

1. The victim testified that she was accosted by a man wielding a metal pipe as she walked down a street during the afternoon of January 5,1982. He forced her to accompany him…