BROWN v. STATE

No. 1632, September Term, 1984.

64 Md. App. 324 (1985)

494 A.2d 999

ULYESSES C. BROWN AKA CORNELIUS BROWN AKA KEITH BROWN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Certiorari Denied October 21, 1985.


Attorney(s) appearing for the Case

Isaac S. Kershner, Assigned Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Valerie J. Smith, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Kurt L. Schmoke, State's Atty. for Baltimore City and Jack Lesser, Asst. State's Atty. for Baltimore City, Baltimore, on brief), for appellee.

Submitted before WILNER, GARRITY and ALPERT, JJ.


WILNER, Judge.

There are, as we shall see, a number of issues raised in this criminal appeal. The central one is whether the mere pointing of a handgun by a fleeing felon at a person in pursuit, without any evidence that the gun was loaded, or of a verbalized threat to shoot, or of any attempt to fire the weapon suffices to sustain a conviction for assault with intent to murder. We think it does not.

In the early evening of October 16, 1982, two men, both...

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