Smith v. State

Edward Smith was indicted in the Circuit Court for Calvert County for (1) carnal knowledge of his daughter, Algea Smith, a female under the age of fourteen years, (2) assault and battery upon the same girl, and (3) incest upon the same girl. He pleaded not guilty and elected to be tried by the Court, without a jury. The judge entered a verdict of guilty on the first and third counts of the indictment, held that the second count was merged in the other two, and sentenced him to ten years in the House of Correction.

The sole question in this case is whether the evidence was legally sufficient to…