MARBURY, J., delivered the opinion of the Court.
Appellant Vernon L. Green was brought to trial under an indictment which charged him in the first count with rape of one Beverly Alston and in the third count, based on the facts set forth in the first count, with common law assault on the same victim. The case was heard before Judge Dulany Foster, sitting without a jury, in the Criminal Court of Baltimore, and the defendant-appellant was found guilty on both the first...
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