SMITH v. STATE

No. 1408, September Term, 1977.

41 Md. App. 277 (1979)

398 A.2d 426

HOMER JAMES SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 26, 1979.


Attorney(s) appearing for the Case

Alfred L. Scanlan, Jr., Assigned Public Defender, with whom were Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, and Donaldson C. Cole, Jr., State's Attorney for Cecil County, on the brief, for appellee.

The cause was argued before MOYLAN, MELVIN and COUCH, JJ.


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

This appeal turns upon a close examination of a single word — the past participle "premeditated." It is a term of art which once had (and may or may not still have) legal significance. We will ask three independent questions about that significance, a negative answer to any one of which will be fatal to the appellant's present claim:

(1) Is the character of a murderous intent as "premeditated" a necessary...

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