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RUSK v. STATE

No. 1249, September Term, 1978.

43 Md. App. 476 (1979)

406 A.2d 624

EDWARD S. RUSK v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 10, 1979.

Attorney(s) appearing for the Case

Argued and reargued by Ira C. Cooke, with whom were Melnicove, Kaufman & Winer, P.A. on the brief, for appellant.

Argued and reargued by Kathleen M. Sweeney, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and James Salkin, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MORTON, MOORE and LOWE, JJ., and reargued before GILBERT, C.J., and MORTON, THOMPSON, MOYLAN, MOORE, LOWE, MELVIN, MASON, LISS, WILNER, COUCH, MAcDANIEL and WEANT, JJ.

THOMPSON, J., delivered the opinion of the Court. WILNER, J., files a dissenting opinion, in which MORTON, MOYLAN, MOORE and MAcDANIEL, JJ., join, at page 484 infra.

We are called upon to review the sufficiency of the evidence to convict for rape. Whatever the law may have been before, it is now clear that our standard must be: Is the evidence sufficient for a finder of fact to conclude that the accused was guilty beyond a reasonable doubt? Jackson v. Virginia...

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