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WATSON v. STATE

[No. 34, September Term, 1979.]

286 Md. 291 (1979)

407 A.2d 324

KYLE WATSON v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 6, 1979.

Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.

ORTH, J., delivered the opinion of the Court. COLE and DAVIDSON, JJ., concur in the result.

The General Assembly of Maryland created the felony of rape in the second degree by Acts 1976, ch. 573. As amended by Acts 1977, ch. 292, effective 1 July 1977, a person is guilty of that crime "if the person engages in vaginal intercourse[1] with another person ... [w]ho is under 14 years of age and the person performing the act is at least four...

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