HAGANS v. STATE

No. 41, September Term, 1988. No. 95, September Term, 1988.

316 Md. 429 (1989)

559 A.2d 792

ANTONIO CALVIN HAGANS v. STATE OF MARYLAND. DEREK DARNELL ALLEN v. STATE OF MARYLAND.

Court of Appeals of Maryland.

June 30, 1989.


Attorney(s) appearing for the Case

Nancy S. Forster, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for petitioners.

Jillyn K. Schulze, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) Specially Assigned.


ELDRIDGE, Judge.

The two criminal cases before us were entirely separate prosecutions, for unrelated offenses, in different counties, at different times, and involving different defendants. Nevertheless, the only issue presented in the Hagans case, and the principal issue presented in the Allen case, are identical. It is whether, as a matter of Maryland common law, a defendant ordinarily can be convicted of an offense which is not charged but which is...

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