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STERLING v. STATE

[No. 2, September Term, 1967.]

248 Md. 240 (1967)

235 A.2d 711

STERLING v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 7, 1967.

Attorney(s) appearing for the Case

Patrick L. Rogan, Jr., with whom was Lionel Bennett on the brief, for appellant.

Edward F. Borgerding, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Wade D. Ward, State's Attorney for Somerset County, and Alfred T. Truitt, Jr., State's Attorney for Wicomico County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES, FINAN and SINGLEY, JJ.

HORNEY, J., delivered the opinion of the Court.

A jury of his peers found Elisha Sterling, Jr., guilty of rape and the trial court sentenced him to death. The evidence of guilt is clear and free from doubt. The crucial question is whether there was probable cause for arrest without a warrant.

Sometime after 11:20 p.m., in the night of June 13, 1966, Ida Jean Crockett was asleep in the front bedroom of her home when...

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