STATE v. FAULKNER

No. 47, September Term, 1983.

301 Md. 482 (1984)

483 A.2d 759

STATE OF MARYLAND v. MELVIN FAULKNER.

Court of Appeals of Maryland.

November 21, 1984.


Attorney(s) appearing for the Case

Valerie V. Cloutier, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellant.

Gary S. Offutt, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


COLE, Judge.

The twin issues we shall decide in this case are whether Maryland recognizes the mitigation defense of "imperfect self defense" and, if so, whether that defense applies to the statutory offense of assault with intent to murder under Maryland Code (1957, 1982 Repl.Vol.), Art. 27, § 12.

We set forth a shortened version of the facts that give rise to these issues. On September 15, 1981, the Emanuel brothers, Jimmy and Rickey, became embroiled...

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