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SIMMS v. STATE

[No. 110, September Term, 1979.]

288 Md. 712 (1980)

421 A.2d 957

JAMES SIMMS AND RICHARD A. THOMAS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 6, 1980.

Attorney(s) appearing for the Case

Nancy Louise Cook, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellants.

Richard B. Rosenblatt, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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

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

In Maryland, assault is a common law crime for which the Legislature has not prescribed a penalty. Consequently, the only limitation upon the number of years of imprisonment to which one may be sentenced for assault is, ordinarily, the prohibition against cruel and unusual punishment contained in the Eighth Amendment to the United States Constitution and Articles 16 and 25 of the Maryland Declaration of Rights.

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