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GARNETT v. STATE

No. 3 September Term, 1993.

332 Md. 571 (1993)

632 A.2d 797

RAYMOND LENNARD GARNETT v. STATE OF MARYLAND.

Court of Appeals of Maryland.

November 12, 1993.

Attorney(s) appearing for the Case

Michael R. Braudes, Asst. Public Defender (Stephen E. Harris, Public Defender) both on brief, Baltimore, for appellant.

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen.), both on brief, Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

MURPHY, Chief Judge.

Maryland's "statutory rape" law prohibiting sexual intercourse with an underage person is codified in Maryland Code (1957, 1992 Repl.Vol.) Art. 27, § 463, which reads in full:

"Second degree rape. (a) What constitutes. — A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person: (1) By force or threat of force against the will and without the...

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