Lamar v. State

Thompson, J., delivered the opinion of the Court. David Leroy Lamar, the appellant, was convicted of assault with intent to rape and assault in a jury trial before Judge Matthew S. Evans of the Circuit Court for Anne Arundel County. Lamar was sentenced to sixteen years. There was evidence from which the jury could have found the following: At about 1:30 on the morning of April 26, 1967 Carol Ann Cochran, the victim, left Patton’s Luncheon in Odenton, Anne Arundel County, with her friend, Robert Holland.

They had been out that evening with Carol’s friends, Kathy North, Evelyn Roberts and Sharon Lee (Linda) Malone. The three girls, who were roommates, were accompanied by two soldiers. Carol Ann and Robert Holland went to her apartment. While at her apartment a misunderstanding arose and Robert left soon thereafter.

Meanwhile the other three girls and their male companions had gone to the girls’ apartment which was about a block from Carol Ann’s. At about 3:00 in the morning Carol Ann, upset and unable to sleep because of the argument, got dressed and walked the block to her friends’ apartment. She wanted to talk to Linda; however, when she arrived Kathy North, who answered the door, told Carol Ann that Linda was asleep. Carol Ann then left.

She testified that on her way home, she met Lamar, the appellant, in Patton’s parking lot. She knew him because he had been a customer in the tavern where she worked, and she had also observed him prowling around her apartment a few days before. As Carol Ann approached Lamar, he stated that he wished to talk to her about the trouble he had recently at her place of employment. She went by him and continued walk ⁵⁹⁶ ing, and when she turned around she .realized that he was following her and she began running.

Carol Ann testified that she knew she would not be able to get into her locked apartment fast enough, so, seeing the lights at nearby Meade Heights, she ran toward these hoping for safety. After running a short distance she stopped, thinking Lamar had discontinued his chase, when in fact he was approximately 10 feet behind her. She 1 screamed and started running again, but he caught up with her and knocked her to the ground. He hit her several times, put his hand over her mouth and stated that he wanted a “relationship.” He pulled her slacks and underwear down around her ankles and her blouse and bra up around her neck.

She was observed in this condition by a police officer and the three girlfriends, all of whom responded to her screams. The victim was beaten so severely that she lost two weeks from work. Linda, although half asleep, overheard Carol Ann ask for her; so she decided to dress and go over to Carol Ann’s apartment at once. When she emerged from her apartment building she saw Carol Ann and called to her, but apparently she was not heard.

Linda then began to run in order to catch up with Carol Ann; however, she lost sight of her when she ran down to the parking lot of Patton’s Luncheon. She returned to her apartment and enlisted the aid of her friends stating that she had heard Carol Ann scream and had seen “Dave” chasing her. (Linda knew Lamar in the same capacity as the prosecutrix and knew him by the name of “Dave”). The three girls and the two soldiers began looking for Carol Ann. In a well lighted field adjoining the parking lot Kathy found footprints which she followed until Lamar emerged from the bushes.

She called out his name “Dave.” He stopped and turned around, but then began running again. Carol Ann, Kathy and Linda áll identified Lamar at a lineup. The lineup was conducted twice and they identified him both times. Kathy and Linda identified Lamar