Reed v. State

Per Curiam. 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