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RHODES v. STATE

No. 1086, September Term, 1987.

74 Md. App. 680 (1988)

539 A.2d 1160

MARK TERRANCE RHODES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

April 12, 1988.

Attorney(s) appearing for the Case

R. Kenneth Mundy, Washington, D.C., for appellant.

Jillyn K. Schulze, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Andrew L. Sonner, State's Atty. for Montgomery County and Margaret W. Grove, Asst. State's Atty. for Montgomery County on the brief, Rockville), for appellee.

Argued before MOYLAN, GARRITY and ROSALYN B. BELL, JJ.

MOYLAN, Judge.

The appellant, Mark Terrance Rhodes, was found guilty in the Circuit Court for Montgomery County by Judge William C. Miller, sitting without a jury, of 1) first-degree rape and 2) battery. The appellant does not appeal from the battery conviction in any way. Upon this appeal, he raises the single contention:

That the evidence was not legally sufficient to show the use of force and absence of consent necessary to sustain a conviction for rape...

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