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GERALD v. STATE

No. 112, September Term, 1983.

299 Md. 138 (1984)

472 A.2d 977

STEPHEN EUGENE GERALD v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 3, 1984.

Attorney(s) appearing for the Case

Gary W. Christopher, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY, COUCH, JJ., and CHARLES E. ORTH, Jr., Retired, Specially Assigned Judge.

CHARLES E. ORTH, Jr., Retired, Specially Assigned Judge.

The issue in this case arises because in Maryland assault is a common law crime for which there is no statutory penalty. Therefore, the only limitation upon the length of a term of imprisonment which may be imposed upon a conviction of that crime is, ordinarily, the prohibition against cruel and unusual punishment contained in the Eighth Amendment to the United States Constitution and in Articles 16 and 25 of...

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