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FUNKHOUSER v. STATE

No. 748, September Term, 1981.

51 Md. App. 16 (1982)

440 A.2d 1114

GLENN OWEN FUNKHOUSER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Patrick R. Hudson for appellant.

Diane G. Goldsmith, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and David M. Simpson, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before WILNER and MacDANIEL, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals (retired), specially assigned.

ORTH, J., delivered the opinion of the Court.

I.

About five years ago the General Assembly enacted comprehensive legislation with respect to sexual offenses in which it recognized that there were gradations of severity in the perpetration of the common law crime of rape. Maryland Code (1957, 1976 Repl. Vol., 1981 Cum. Supp.) Art. 27, §§ 462 and 463.1 It classified rape and other sexual offenses by degrees with penalties...

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