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DEBETTENCOURT v. STATE

No. 1112, September Term, 1980.

48 Md. App. 522 (1981)

428 A.2d 479

JAMES EDWARD DEBETTENCOURT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 21, 1981.

Attorney(s) appearing for the Case

Alan Hilliard Legum, with whom was Rena E. Friedman on the brief, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Hollis Raphael, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

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

MOYLAN, J., delivered the opinion of the Court. LISS, J., filed a dissenting opinion at page 532 infra.

It would be comforting simply to announce, in the mode of Gertrude Stein, that malice is malice is malice is malice. In law as opposed to poetry, however, it takes more than an ipse dixit to get there. The precise issue is "Does the mental element of malice within the contemplation of the arson law embrace...

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