HAWKINS v. STATE

[No. 104, September Term, 1980.]

291 Md. 688 (1981)

436 A.2d 900

PAUL EUGENE HAWKINS, JR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 4, 1981.


Attorney(s) appearing for the Case

Arthur A. DeLano, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Maureen O'Ferrall, 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. MURPHY, C.J., and RODOWSKY, J., concur in part and dissent in part. RODOWSKY, J., filed a concurring and dissenting opinion at page 696 infra, in which MURPHY, C.J. concurs.

We granted the defendant's petition for a writ of certiorari in this criminal case primarily to resolve the question of whether a defendant, charged with one offense, may be convicted of a lesser included offense even though the lesser included...

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