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GARDNER v. STATE

No. 494, September Term, 1978.

41 Md. App. 187 (1979)

396 A.2d 303

ROGER EDWARD GARDNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 12, 1979.

Attorney(s) appearing for the Case

David Freishtat, with whom were Freishtat & Schwartz on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, Charles E. Wehland, State's Attorney for Howard County, Ronald L. Spahn and David M. Thomas, Assistant State's Attorneys for Howard County, on the brief, for appellee.

The cause was argued before MOORE, LOWE and MELVIN, JJ.

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

— the hobgoblin1 —

Over a hundred years ago, Stephen's General View of Criminal Law pointed out that the law of conspiracy is the most complete illustration of the fiction consisting of treating as a crime, not the very acts which are intended to be permeated, but certain ways of doing them. Fitz. St. 62. Because the gist of the offense of conspiracy is the

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