ELIAS v. STATE

No. 45, September Term, 1994.

339 Md. 169 (1995)

E. GEORGE ELIAS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

July 18, 1995.


Attorney(s) appearing for the Case

Anton J.S. Keating (George McDowell, on brief, Baltimore, John T. Wright, on brief, Rockville), for appellant.

Angus R. Everton, General Counsel, Baltimore, amicus curiae for The Medical and Chirurgical Faculty of Maryland.

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., of Maryland, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


MURPHY, Chief Judge.

We here focus upon the crime of common law battery and whether on the record in this case, the defendant, a surgical oncologist, was properly found to have committed that offense when, in the course of a medical examination upon a patient complaining of painful breasts, he touched another sensitive part of the patient's body without her express permission.

I

On March 3, 1993, Eliza Doreen Hancock applied to a District Court Commissioner...

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