Rusk v. State case brief summary
43 Md. App. 476
PROCEDURAL POSTURE: Defendant sought review of a judgment of the Criminal Court of Baltimore (Maryland), which convicted him of rape. Defendant was also convicted of assault.
FACTS: Defendant was convicted of rape and assault. He sought review and asserted that the evidence was insufficient to support the rape conviction. Defendant did not appeal the assault conviction.
HOLDING:
The court held that the prosecution failed to show that defendant's words or actions created a reasonable fear in the mind of the victim that if she resisted, he would have harmed her or used force to overcome the resistance.
OUTCOME: The rape conviction was reversed. The assault conviction was affirmed.
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43 Md. App. 476
PROCEDURAL POSTURE: Defendant sought review of a judgment of the Criminal Court of Baltimore (Maryland), which convicted him of rape. Defendant was also convicted of assault.
FACTS: Defendant was convicted of rape and assault. He sought review and asserted that the evidence was insufficient to support the rape conviction. Defendant did not appeal the assault conviction.
HOLDING:
The court held that the prosecution failed to show that defendant's words or actions created a reasonable fear in the mind of the victim that if she resisted, he would have harmed her or used force to overcome the resistance.
OUTCOME: The rape conviction was reversed. The assault conviction was affirmed.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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