JENKINS v. STATE

No. 1424, September Term, 1983.

59 Md. App. 612 (1984)

477 A.2d 791

TONY LAVA JENKINS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

July 13, 1984.


Attorney(s) appearing for the Case

Julia A. Doyle, Asst. Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen., with whom were Stephen H. Sachs, Atty. Gen., and Warren F. Sengstack, State's Atty. for Calvert County, on the brief, for appellee.

Submitted before LOWE, WILNER and BISHOP, JJ.


WILNER, Judge.

This appeal requires us to consider the relationship between the crimes of assault with intent to murder (Md. Code Ann. art. 27, § 12) and assault with intent to maim, disfigure, or disable (art. 27, § 386). We shall conclude, as a general rule, that, when arising from a single act, these crimes are inconsistent. A person cannot, in other words, based on a single act that might serve to establish either crime, be convicted of and sentenced...

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