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PRESLEY v. STATE

[No. 313, September Term, 1969.]

257 Md. 591 (1970)

263 A.2d 822

PRESLEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 8, 1970.

Attorney(s) appearing for the Case

Thomas W. Jamison, III, for appellant.

Bernard L. Silbert, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, Peter D. Ward and Howard L. Cardin, Assistant State's Attorneys for Baltimore City; and James A. Wise, State's Attorney for Caroline County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

In this case we granted certiorari to the Court of Special Appeals to pass on the contention of James Leslie Presley that in his trial for rape in the Circuit Court for Caroline County the instructions to the jury of Judge DeWeese Carter as to the penalties for rape were prejudicially erroneous. Full consideration of the record and of the arguments, written and forensic, for...

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