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HOWELL v. STATE

[No. 13, September Term, 1976.]

278 Md. 389 (1976)

364 A.2d 797

HOWELL v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 19, 1976.

Attorney(s) appearing for the Case

Bradford C. Peabody, with whom were Alan H. Murrell, Public Defender, and Arnold M. Zerwitz, Assistant Public Defender, on the brief, for appellant.

Gilbert H. Robinette, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ.

SMITH, J., delivered the opinion of the Court. MURPHY, C.J., dissents and filed a dissenting opinion at page 396 infra.

We shall here hold that a tear gas pistol is not a handgun within the meaning of Maryland Code (1957, 1976 Repl. Vol.) Art. 27, § 36F.

Appellant, Lowell Douglas Howell, Jr. (Howell), and another were convicted in Baltimore County on a number of charges including the unlawful use of a handgun in the commission of a crime in violation...

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