Reed v. State
| Decision Date | 22 August 1967 |
| Docket Number | No. 275,275 |
| Citation | 232 A.2d 550,1 Md.App. 662 |
| Parties | Gordon REED v. STATE of Maryland. |
| Court | Court of Special Appeals of Maryland |
Michael Lee Kaplan, Baltimore, Morris Lee Kaplan, Baltimore, on brief, for appellant.
Edward L. Blanton, Asst. Atty. Gen., Baltimore, Francis B. Burch, Atty. Gen., Baltimore, Charles E. Moylan, Jr., State's Atty., Stanley S. Cohen, Asst. State's Atty., for Baltimore City, on brief, for appellee.
Before ANDERSON, MORTON ORTH, and THOMPSON, JJ., and DANIEL T. PRETTYMAN, Special Judge.
The appellant, Gordon Reed, was tried and convicted by Judge Joseph R. Byrnes, sitting in the Criminal Court of Baltimore without a jury, on the first count of a four count indictment charging the appellant with rape, assault with intent to rape, carnal knowledge and assault and battery and was sentenced to serve not more than fifteen years in the Maryland Correctional Institution. He now appeals from his conviction.
Two contentions are raised for our consideration: (1) Did the lower court err in refusing to grant appellant's motion for judgment of acquittal? (2) Was the evidence sufficient to warrant the trial court finding the appellant guilty of rape?
At the conclusion of the evidence offered by the State, the appellant's motion for judgment of acquittal was denied by the trial court. Thereafter, the appellant offered testimony in his own behalf. Under Maryland Rule 755 b, he thereby withdrew his motion. Although not necessary in a non-jury criminal case, the motion was renewed at the conclusion of the entire case. Jason v. State, 1 Md.App. 136, 228 A.2d 485 (1967). Thus the answer to both of the appellant's contentions depends on whether the trial court below had sufficient evidence from which it could be fairly convinced beyond a reasonable doubt of the defendant's guilt of the offense charged. O'Brien v. State, 1 Md.App. 94, 227 A.2d 362 (1967); Graczyk v. State, 233 Md. 245, 196 A.2d 469 (1963).
There was evidence before the court that the sixteen year old prosecuting witness was attacked by several males who carried her to a parked laundry truck, that they forcibly removed her clothing from the lower part of her body after she refused to remove them herself, that she was forced to have sexual relations with seven males during which time she was hysterical and screaming and that the appellant, whom the victim identified at the trial, was among these seven males. A victim's positive...
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