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Mills v. State

Court of Appeals of Maryland
Nov 15, 1960
164 A.2d 882 (Md. 1960)

Opinion

[No. 98, September Term, 1960.]

Decided November 15, 1960.

CRIMINAL LAW — Rape And Burglary — Evidence Sufficient To Convict — Claim Of Consent Not Sustained. In the instant prosecutions for rape and burglary, the evidence was held sufficient to convict and a claim of consent without merit. p. 495

Decided November 15, 1960.

George Samuel Mills was convicted of rape and burglary and he appealed.

Judgment affirmed.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

George H. Rosedom, with whom were Brown, Allen Watts on the brief, for appellant.

Robert C. Murphy, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris and Norman Polski, State's Attorney and Assistant State's Attorney of Baltimore City, respectively, on the brief, for appellee.


Convicted of rape and burglary, the appellant challenges the sufficiency of the evidence. The testimony of the victim, corroborated in material particulars by a neighbor and other witnesses, amply supports the conclusion that the appellant gained entry to the victim's apartment by breaking a rear window and raped her in her bed. The appellant admitted the entry and intercourse but claimed it was voluntary. This claim is clearly rebutted by the conduct and denial of the victim, corroborated by the testimony of others. We find no merit in the contention.

Judgment affirmed.


Summaries of

Mills v. State

Court of Appeals of Maryland
Nov 15, 1960
164 A.2d 882 (Md. 1960)
Case details for

Mills v. State

Case Details

Full title:MILLS v . STATE

Court:Court of Appeals of Maryland

Date published: Nov 15, 1960

Citations

164 A.2d 882 (Md. 1960)
164 A.2d 882