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WILLIAMS v. STATE

No. 535, September Term, 1988.

77 Md. App. 411 (1988)

550 A.2d 722

ANDRE WILLIAMS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

December 5, 1988.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender and Daniel Shemer, Asst. Public Defender, on the brief), Baltimore, for appellant.

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. and Stuart O. Simms, State's Atty. for Baltimore City, on the brief), Baltimore, for appellee.

Argued before GILBERT, C.J., and WILNER and POLLITT, JJ.

GILBERT, Chief Judge.

Two outstanding authorities on the common law, Sir Edward Coke and Sir Matthew Hale1 disagree as to whether a child born alive but who dies as a result of an injury sustained in utero is a homicide victim. In this case we are called upon to decide which of those distinguished legal scholars Maryland should follow. Our course shall determine whether Andre Williams is guilty of manslaughter of a newborn infant...

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