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FAULKNER v. STATE

No. 1006, September Term, 1982.

54 Md. App. 113 (1983)

458 A.2d 81

MELVIN FAULKNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 9, 1983.

Attorney(s) appearing for the Case

Gary S. Offutt, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Claudia A. Cortese, Assigned Public Defender, on the brief, for appellant.

Valerie V. Cloutier, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Brian Murphy, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before LOWE and GARRITY, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals (retired), specially assigned.

ORTH, J., delivered the opinion of the Court. LOWE, J., dissents and files a dissenting opinion at page 122 infra.

I

From the turbulent waters of the criminal law of Maryland, roiled by the dictates of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881 (1975), emerged an esoteric qualification to the doctrine of self-defense, known as the "imperfect right of self-defense." We noticed it in Evans v. State,

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