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HOES v. STATE

No. 609, September Term, 1976.

35 Md. App. 61 (1977)

368 A.2d 1080

MOSES DAVID HOES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 9, 1977.

Attorney(s) appearing for the Case

John G. Gill, Jr., Assigned Public Defender, with whom was Chris Marder on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and De Lawrence Beard, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MENCHINE and LOWE, JJ.

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

The primary question to be answered here is whether the shooting of a "common law" wife by a one-armed man twice within five years1 could constitute a "plan or scheme" to maim her.

Appellant, who is handicapped by the loss of one arm, pled guilty to one count of assault and battery and was convicted by a jury of the Circuit Court for Montgomery County of assault with intent to maim...

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