Bowie v. Warden of Maryland Penitentiary

In this application for leave to appeal from a denial of post conviction relief, the only point raised by the petitioner that is worthy of discussion is his claim that the second count of the indictment, upon which he was convicted, charged rape rather than assault with intent to rape. Since he was acquitted on the first count charging rape, he invokes the rule against double jeopardy, as well as contending that the conviction on the second count was illegal and unconstitutional, being for an offense not charged therein. The point as to double jeopardy was finally litigated in Bowie v.…