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DUCKWORTH v. STATE

No. 117, September Term, 1990.

323 Md. 532 (1991)

594 A.2d 109

RUSSELL LYNN DUCKWORTH v. STATE OF MARYLAND.

Court of Appeals of Maryland.

August 23, 1991.

Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender and George E. Burns, Jr., Asst. Public Defender (Stephen E. Harris, Public Defender, all on brief), Baltimore, for petitioner.

Gwynn X. Kinsey, Jr., Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ., H. CHESTER GOUDY, Jr., Judge of the Fifth Judicial Circuit of Md., Specially Assigned, and ERNEST A. LOVELESS, Jr., Administrative Judge of the Seventh Judicial Circuit of Md., Specially Assigned.

RODOWSKY, Judge.

Petitioner, Russell Lynn Duckworth (Duckworth), while handling a pistol, shot and seriously wounded a child who was in his custody. A jury in the Circuit Court for Allegany County found Duckworth guilty of child abuse and battery. The Court of Special Appeals affirmed in an unreported opinion. We granted Duckworth's petition for certiorari to consider two issues:

"1. Did the trial court err when it admitted evidence of a prior accidental...

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