MILLS v. STATE

[No. 98, September Term, 1960.]

223 Md. 494 (1960)

164 A.2d 882

MILLS v. STATE

Court of Appeals of Maryland.

Decided November 15, 1960.


Attorney(s) appearing for the Case

George H. Rosedom, with whom were Brown, Allen & Watts on the brief, for appellant.

Robert C. Murphy, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris and Norman Polski, State's Attorney and Assistant State's Attorney of Baltimore City, respectively, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


PER CURIAM:

Convicted of rape and burglary, the appellant challenges the sufficiency of the evidence. The testimony of the victim, corroborated in material particulars by a neighbor and other witnesses, amply supports the conclusion that the appellant gained entry to the victim's apartment by breaking a rear window and raped her in her bed. The appellant admitted the entry and intercourse but claimed it was voluntary. This claim is clearly rebutted by the conduct...

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