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BROWN v. STATE

No. 1056, September Term, 1977.

39 Md. App. 497 (1978)

388 A.2d 130

MIKE BROWN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Lawrence S. Greenwald, with whom were Barry F. Rosen and Gordon, Feinblatt, Rothman, Hoffberger & Hollander on the brief, for appellant.

Gilbert H. Robinette, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles Wehland, State's Attorney for Howard County, Ronald L. Spahn, Deputy State's Attorney for Howard County, and Albert Gallatin Warfield, III, Assistant State's Attorney for Howard County, on the brief, for appellee.

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

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

If, as it has been said, law is common sense as amended by the Legislature, it is an unfortunate fact that common sense is judicially modified as well.

At common law the crime of arson was a homeowner's protection, criminalizing the wilful and malicious burning of the dwelling house of another. Rather than modify that common sense protection, the Legislature expanded...

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