ALBRECHT v. STATE

No. 1122, September Term, 1992.

97 Md. App. 630 (1993)

632 A.2d 163

CHRISTOPHER JOHN ALBRECHT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

October 27, 1993.


Attorney(s) appearing for the Case

Byron L. Warnken, Baltimore, and Gary L. Crawford, Gaithersburg (Clarke, Crawford & Bonifant, Gaithersburg, Roger W. Galvin, Washington, DC, on the brief), for appellant.

Tarra DeShields-Minnis, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Andrew L. Sonner, State's Atty. for Montgomery County, Rockville, on the brief), for appellee.

Argued before MOYLAN, FISCHER and MOTZ, JJ.


MOYLAN, Judge.

A tragic accident occurred on the early evening of May 23, 1991, on Larchmont Terrace in the Gaithersburg area of Montgomery County. Rebecca Garnett, who had just been driving a car carrying a criminal suspect sought by the police for a stabbing, was killed when a shotgun held by Officer Christopher J. Albrecht, the appellant, accidentally discharged. The issue is whether that constituted criminal conduct on the part of the officer. Officer Albrecht...

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