State v. Young

GERALD M. SMITH, Special Judge.

Howard Young was tried and convicted of rape by the court in a jury waived case. The court further found that defendant had one prior conviction and imposed sentence of ten years. Defendant appeals.

Defendant is blind and approximately fifty-five. The victim was eleven. The girl had gone to defendant’s apartment to do household chores accompanied by two girls approximately her age. Her two friends pretended to leave, but unbeknownst to both defendant and the victim, remained in the apartment and witnessed the act resulting in the conviction. The victim and one of…