BROOKS v. STATE

[No. 4, September Term, 1978.]

284 Md. 416 (1979)

397 A.2d 596

ARTHUR NATHANIEL BROOKS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided February 16, 1979.


Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Mark Colvin, Assistant Public Defender, on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.


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

The issue in this case is whether the "required evidence test" or the "actual evidence test" is the general standard under Maryland law for determining whether one criminal offense merges into another.

The defendant Brooks was charged in the Circuit Court for Wicomico County with assault with intent to murder John Frank Williams, in violation of Maryland Code (1957, 1976 Repl. Vol.), Art. 27, § 12, and...

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