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JACOBS v. STATE

No. 610, September Term, 1975.

32 Md. App. 509 (1976)

363 A.2d 257

JOSEPH JAMES JACOBS, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided September 10, 1976.

Attorney(s) appearing for the Case

James T. Smith, Jr., Assigned Public Defender, for appellant.

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, and William S. Townsend, Assistant State's Attorney for Baltimore County, on the brief, for appellee.

The cause was argued before MOYLAN, DAVIDSON and MASON, JJ.

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

This case is controlled by the ever-widening, though logically foreseeable, ripples put in motion by Mullaney v. Wilbur, 421 U.S. 684 (1975), and In re Winship, 397 U.S. 358 (1970). The appellant, Joseph James Jacobs, Jr., was convicted by a Baltimore County jury of common law assault, the use of...

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