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DAVIS v. MUSE

No. 511, September Term, 1981.

51 Md. App. 93 (1982)

441 A.2d 1089

KEVIN DAVIS ET AL. v. WILBERT MUSE.

Court of Special Appeals of Maryland.

Decided March 3, 1982.

Attorney(s) appearing for the Case

Robert C. Verderaime, with whom were Verderaime & DuBois, P.A. on the brief, for appellants.

Charles F. Morgan, with whom was Maurice Braverman on the brief, for appellee.

The cause was argued before MOORE, WILNER and COUCH, JJ.

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

Two Baltimore City police officers challenge on this appeal a jury award of $10,000 damages against them in an action for assault and battery and malicious prosecution arising out of their arrest of appellee early on a summer morning in 1976, after a birthday party.1 We find reversible error in the trial court's refusal to include malice in its instructions on assault and battery.

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