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BACON v. STATE

No. 80, September Term, 1990.

322 Md. 140 (1991)

586 A.2d 18

GILBERT CLAYTON BACON, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 26, 1991.

Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender, Stephen E. Harris, Public Defender, Baltimore, both on brief, for petitioner.

Diane E. Keller, Asst. Atty. Gen., J. Joseph Curran, Jr., Atty. Gen., Baltimore, both on brief, for respondent.

Argued before ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ., CHARLES E. ORTH, Jr. and MARVIN H. SMITH, Associate Judges of the Court of Appeals (retired), Specially Assigned, and A. OWEN HENNEGAN, Judge of the Third Judicial Circuit (retired), Specially Assigned.

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

Gilbert Clayton Bacon, Jr. claims that, in the particular circumstances of this case, it is against the law to punish him for "carry[ing] a dangerous weapon openly, to wit: knife, with the intent of injuring a person in an unlawful manner." He is right.

Bacon was convicted by a jury in the Circuit Court for Prince George's County of that charge. The Court of Special Appeals affirmed the judgment entered on the...

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