McEntire v. State

Per Curiam. The appellants were convicted on October 25, 1966 in the Criminal Court of Baltimore, Judge J. Gilbert Prendergast presiding without a jury, of rape and burglary. Each received a sentence of life imprisonment for the rape conviction and five years for the burglary conviction, the latter sentences to run concurrently with the life imprisonment. Mrs. Ruby Warren testified that she was awakened in her first floor apartment at 1000 Shellbank Road in Baltimore in ⁴⁵¹ the early morning hours of June 17, 1966 by the presence of two men in her room.

Both intruders had butcher knives, which Mrs. Warren recognized as knives from her own kitchen. Although the lights were off in her room, the bathroom light was on and the bathroom door was partially open. One of the men (identified by the witness at the trial as the appellant, Weems) got into bed with her and while holding a knife to her neck “began to have sex,” while the other man (identified by the witness at the trial as the appellant, McEntire) went to the side of the bed and held his knife to her throat. The witness testified that at the time of the offense Weems was wearing green pants, a white T-shirt and a maroon jacket, and that McEntire had on gray pants, a white T-shirt, a cream jacket and cream cap.

In answer to a direct question from the State: “He [Weems] had sexual intercourse with you?”, the witness aswered “Yes.” She said twice on the stand that Weems had “sex relations” with her. After Weems had sexual intercourse with her, McEntire said, “it’s my turn now.” Mrs. Warren asked Weems to get McEntire to leave the room, whereupon both appellants went outside her room and she locked the door and called for help. A few moments later she heard two men in the hall talking to her daughter. Before she had gone to bed the front door and living room window had been locked.

Her bedroom window and the windows in the two bedrooms of the children were open. After the incident she noticed that the screen in her son’s bedroom was up, although it had been down when she went to bed. Mrs. Warren’s daughter testified that she was awakened by her mother’s calls for help and went out into the hall where she saw two men, whom she identified at the trial as the appellants. Both men were in possession of butcher knives.

She had known Weems in school and recognized him in the hall. She knew him as Tony. Weems was wearing green pants, a white shirt and a maroon jacket. McEntire had on a cream jacket and cap.

The two men then left, and the police arrived about five minutes later. At this point in the trial the following colloquy occurred between the court and the Assistant State’s Attorney: ⁴⁵² “THE COURT: Counsel I think the Judge’s role is to stay out of the trial of a criminal case as much as possible. Now she has left the courtroom as have all the other witnesses. I’m not a little concerned about the testimony on behalf of the first witness, the victim of the alleged assault, alleged victim, Mrs. Ruby Warren as to the act that took place — whether the State wishes to recall her and clarify what happened during the alleged assault and rape.

She has testified as I heard it they had sex, but you have not proven an act of penetration. MR. PEREGOEF: I then asked— THE COURT: There is some doubt about it. MR.

PEREGOEF: Maybe we ought to straighten it up for the record. My impression of the testimony was that she had sexual intercourse.” The State was then allowed, over objection of both appellants, to recall Mrs. Warren who testified that Weems “put his penis in my vagina.” Sergeant Cooper of the Southern District police station testified that he arrested Weems at 9:45 A.M. on June 17th, and at that time Weems was