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ANDERSON v. STATE

No. 77, September Term, 1984.

61 Md. App. 436 (1985)

487 A.2d 294

ERIC ANDERSON, SR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

February 6, 1985.

Attorney(s) appearing for the Case

John L. Kopolow, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Stephanie J. Lane, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Kurt L. Schmoke, State's Atty. for Baltimore City and Charles Chiapparelli, Asst. State's Atty., Baltimore, for Baltimore City on brief), for appellee.

Submitted before MOYLAN, WILNER and BLOOM, JJ.

MOYLAN, Judge.

The key issue on this appeal is whether the enactment of the Child Abuse Law, Md. Code Ann. Article 27, § 35A (1957, 1982 Repl.Vol.), preempted a particular corner of the field of common law assault and battery and thereby repealed it. The significance to the appellant, Eric Anderson, Sr., is apparent. He was charged in a two-count indictment with 1) statutory child abuse and 2) common law assault and battery upon his eighteen-month-old son, Eric...

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