Stewart v. State

Appellant was tried by a jury in the Circuit Court for Prince George’s County on an indictment charging rape, assault with intent to rape, and assault and battery. He was found not guilty of rape, but guilty of assault with intent to rape without capital punishment. No verdict was returned by the jury on the assault and battery charge. 1 The court sentenced appellant to twenty years under the jurisdiction of the Department of Correction.

The facts pertinent to a determination of the issues raised on appeal are essentially these: Appellant was operating a taxi cab in Washington, D.C. at…