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STATE v. DOE

351 A.2d 84 (1976)

STATE of Delaware, Plaintiff, v. John DOE, Defendant.

Superior Court of Delaware, New Castle.

Decided March 29, 1976.

Attorney(s) appearing for the Case

Richard R. Cooch, Deputy Atty. Gen., Dept. of Justice, Wilmington, for the State.

Joseph B. Green, Asst. Public Defender, Wilmington, for defendant.

CHRISTIE, Judge.

The State concedes that its evidence in this case is such as to place before the Court the very limited issue of whether the act of penetration of a vagina by a male tongue could constitute rape second degree under the provisions of 11 Del.C. § 763 which reads as follows:

§ 763. Rape in the second degree; class B felony. A male is guilty of rape in the second degree when he intentionally engages in sexual intercourse with...

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